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The large number of abuse cases from nursing home makes us wonder if the quality of the nursing home and the services offered by them have deteriorated to such deploring conditions. Though the inmates who are admitted into the nursing home are done so with the sole intention of being taken care of and given adequate attention in all ways that include medical, physical, emotional and psychological. But the trauma that they face within the precincts of these nursing would put humanity to shame as all kinds of ill-treatment is meted out to them and the saddest part is that the poor old residents have to face this kind of treatment at the old age when they actually need to be given love and support. The only resort left to these ill-treated and emotionally traumatized elderly citizens of the country is to seek the legal help and today there are many highly qualified, well-experienced and expert nursing home lawyer and the nursing home attorney available to help them.
Any individual who has suffered an injury physically, mentally, emotionally, psychologically or sexually are eligible to file a case against the individual as well as the nursing home. When the contract with the nursing home has been signed by the victims, as is seen in most cases, then the family members do not have the right to lodge a complaint or file a lawsuit. However, in cases where any of the family have signed the contract they are eligible to file a lawsuit. The signing of the contract is best done by a family as over time the senses as well as the thinking capabilities of the elderly resident is likely to decline and hence when there is a situation of ill-treatment and a case needs to be filed, they may not be in their best of form to do so. This is a highly recommended precautionary measure to be taken by family members when admitting the elderly family member into a nursing home. Some of the other precautionary measures include: 1. Conducting a detailed research about the nursing home and its history of nursing home abuse cases. 2. Engaging the services of an expert nursing home abuse lawyer or nursing home abuse attorney in order to seek advice time to time on procedures, liabilities and other legal matters so that legal help is at hand when the need arises. 3. Get to know the various attendants, nursing assistants, and other workers of the hospital on a personal level so that they too would keep an eye on the resident. 4. Make sure that regular questioning, investigating and other evaluations are done to ensure that no such abuse is taking place at the nursing homes. 5. Always make sure that the nursing home abuse attorney is accessible at any time help is needed. Moreover, apart from these precautionary measures, there are a plethora of resources that can be access both in the print media and digitally to know more about the various procedures that must be undertaken to file a lawsuit against the nursing home abuse
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Today with both partners in a family working out of the home, there is a lack of attention given to the elderly. Therefore, most families opt for the care and attention of the nursing homes where it is expected that their beloved elder family member will be given complete care. But, unfortunately, that is not the case and an increasing number of nursing home abuse cases are being reported today. That is why it is extremely important to make sure that the attorney or lawyer engaged to fight for the cause of the victim is right and efficient and will be able to offer the victims the justice they deserve.
But sometimes there is a dilemma in choosing the right lawyer and to overcome this confusion it is best to understand a few facts regarding making a choice. Some relevant questions must be asked and the answers given by the concerned nursing home abuse lawyer should be satisfy the client. Questions with regard to the duration of the case, the cost involved and the qualification and experience of the lawyer should be known before engaging their services. A lawyer from the locality is usually the best choice as they might have come to you by referrals from people who you can trust and rely on. Moreover, the local nursing home lawyer is available at close proximity making it easy to access them at all times. A very important factor to take note of is to gather information regarding the past cases that the nursing home attorney has undertaken and has been successful. It is best if the lawyer is a specialist in nursing home abuse cases. This will make the lawyer and expert in the field and therefore need not be doubted. Keeping these factors in mind is one of the best ways to ensure that the right nursing home abuse attorney has been chosen. There is a fear today in placing the beloved elderly in the family in the care of these nursing homes that are no more places of care and attention. On the contrary, they are now places that one should be looking at with suspicion and distrust. However, one saving grace is that there is help at hand and the services of the nursing home abuse lawyer have given confidence and strength to the various inmates of these nursing homes where they have suffered a number of different abuses at the hands of the nursing assistants, the attendants and the other workers.
One of the main factors to note when engaging the services of the nursing home lawyer is that, it is best if a local lawyer is engaged. There are many benefits in engaging the local lawyer and some of them include: Firstly, the local nursing home attorney is usually very familiar with the rules and regulations of the area and even though some of these rules and regulations may be centralized, there may be others that are not and a member of the general public may not be aware of it. Hence, a local lawyer is very familiar with the local laws as well as those of the State and the Federal Government. Secondly, access to a local nursing home abuse attorney is very easy as there are usually available at close proximity. So when an urgency appears, no time is wasted in commuting to and fro from the lawyer’s office. Thirdly, the effectiveness and the efficiency of the lawyer is understood, as there may be people in the locality who have already availed the services of the lawyer and know them personally. All these factors encourage the engaging of a local lawyer especially to present the nursing home abuse cases in the court of law. The increase in the rise of the nursing home abuse cases has become alarming and most people are today apprehensive about sending their elderly family member to nursing home. The nursing home is expected to be a symbol of care, attentions and compassion but the present situation that is seen is in direct contrast to all those emotions that are usually expected at such nursing homes. Thankfully, the nursing home abuse lawyer helps in restoring justice to those unfortunate elders who suffer highly inappropriate and disastrous experiences, making them lose their trust in the medical facility.
According to the nursing home attorney, there are many reasons for the occurrence of such abuses in the nursing homes. One of the major reasons for this is the decreasing number of manpower that the nursing homes recruit which adds to the burden of stress and frustration in those working overtime and attending to more patients than they are supposed to. This is primarily done to reduced cost of salary that must be paid to the nursing assistants, attendants and workers in the nursing homes. The fault therefore lies with the management of these nursing homes and those who suffer are the inmates of the nursing home who come to it for care and attention. The nursing home lawyer explains that the second reason is the medical problems that most inmates suffer through their stay in the nursing is triggered further by the lack of proper medication or attention given to many factors like hygiene, timely medications, lack of food and water, severe lack of fluids that lead to dehydration and many such concerns. These problems are never looked into nor solved by the management of the nursing homes in spite of these problems being cited by the nursing home abuse attorney. This lack of concern on the part of the management has led to the increase in abuse cases in the nursing home In the unfortunate scenario where you are disabled and unable to work, you may be entitled to monthly benefits under Social Security Disability Insurance (SSDI). A common question we hear is “Why should I hire an attorney if I can file for SSDI on my own? First and foremost, applying for SSDI is a lengthy and complicated process that ultimately results in only about 37% of applicants being approved for benefits.* Secondly, if you are not one of the lucky 37% approved and your application is denied, an experienced attorney can help you quickly and efficiently appeal the decision, increasing your chances of being approved. However, even if you hire an attorney, there are three things that will guarantee your claim is denied.
1. Not enough medical evidence of a disability When you apply for benefits, your file will be sent to Disability Determination Services (DDS) to determine if you are medically disabled. The DDS will then begin the process of gathering medical information from your doctors. To be approved for SSDI, there must be medical evidence that you are unable to engage in “substantial gainful activity" (SGA). Many times, people will apply for SSDI and only give one medical reason for their inability to work. For example, if someone has back pain, they will list only the doctor that treats them for their back pain. Even if that back pain is so severe they feel they cannot work, their claim will likely be denied. However, if that same person lists all the medical problems that contribute to their inability to work, such as obesity, diabetes, migraines, depression, etc., then they have a greater chance of showing that all the ailments together make it so the applicant cannot engage in SGA. Including all your doctors who treat you for your various medical conditions is just one thing you can do to increase your chances of being approved for SSDI on your first application. 2. Failure to participate in recommended treatment The second thing that will surly result in a denial of your application is not following the recommendations of your doctor. As stated above, the DDS will gather medical information directly from your treating doctors and will learn how often you treat with your doctor and what treatments your doctor recommends. Once common scenario is when a doctor states in the medical records that the patient may benefit from other treatments, such as physical therapy, injections, a nerve block, etc. There are many reasons why a patient may not want to participate in the recommended treatments, including the high cost of the recommended treatment or because the patient has tried the treatment in the past with little to no success. This creates a complicated situation, and it is best to communicate these concerns with your doctor and make sure you are following their advice regarding recommended treatments. If there is recommended treatment that is not being followed, it is best to discuss this with a SSDI attorney to determine the next steps to take. 3. Too much income earned Even if you are medically considered disabled, if you earn too much money, you will automatically be considered “not disabled” and your SSDI application will be denied. You will not be denied SSDI just because you engage in SGA, but there is a limit to the amount you can earn each month and still receive SSDI. If you are working and applying for SSDI, it is best to speak with an attorney to be sure you are not earning above the limit. Whether you earn too much money depends on several factors, including the nature of your disability, the type of work you are engaging in, and if you are self-employed. If you are already receiving SSDI and begin working or there is an increase in the amount you earn, your benefits may be terminated after a trial work period. There are many other reasons why applicants are denied SSDI, including technical errors in the application and not communicating with the office reviewing your application. A seemingly simple error could mean the difference between your application being approved or denied. If you are in the process of applying for SSDI or have been denied benefits, speak with a qualified attorney now and get the benefits you are entitled to. For further information you please click Nursing home attorney and Knoxville personal injury lawyer Negligence or No Negligence, That is The Question: and How the Answer Could Mean Compensation For Your Injuries In Tennessee.
In the legal arena, negligence is a very specific term that describes a scenario where a legal duty was breached, causing damages. There are many battles fought in courtrooms over what is and is not negligence, because a finding of negligence could mean a lot of money paid to an injured party. The most common types of negligence are car accidents. When we drive, we have a duty to exercise reasonable care for the safety of those around us. If you have spent any time on the road, you know that people do not always exercise reasonable care, whether they are distracted from texting, driving while intoxicated, or running a red light because they are in a hurry. When such unreasonableness occurs, and it results in an accident, there may be negligence. There are many other times when negligence occurs, such as when someone slips and falls in a grocery store because an employee failed to place a wet floor sign after mopping or when someone is bit by a dog that an owner knew was dangerous. To have a situation rise to the level of negligence, certain elements must be proven: a duty, a breach of that duty, causation, and damages. Duty When the law recognizes a relationship between two individuals, then there may be a duty to act in a certain manner to ensure the safety of another individual. When a duty arises depends entirely on the circumstances of the situation at hand. Some duties are created by law, such as the duty of a land owner or drivers of vehicles. Other duties exist because of the relationship between two people, such as a doctor-patient relationship or a parent-child relationship. For example, if you see a person drowning, there is likely no duty owed to save that person (even if there is a moral duty, there is no legal duty). However, if that person is your child, a legal duty to attempt to save that child exists, where it otherwise would not. Another example is if someone falls in front of you at a store, and you did nothing to cause that fall, you are likely not going to be found negligent. However, if you are the owner of that store, there may be a duty owed to that same shopper and you could be found to have acted negligently merely because of your position as a store owner. Whether a duty exists completely depends on the situation at hand and the relationship between two individuals. Breach of Duty Once it is determined that a legal duty exists, one must then prove a breach of that duty. Whether someone breached a duty is usually a question that can only be answered by a jury. An example of a breach of a duty would be if you were visiting a friend’s house and there was some danger on the property, say a broken stair that they knew about but did not tell you about. If you injure yourself after stepping on the broken stair, your friend could be responsible for your injuries. As a property owner, your friend had a duty to warn you about dangers on their property that they knew about. Your friend breached that duty when he failed to tell you about the broken stair before you used the stairs. Causation Even if someone owed you a duty, then breached that duty, if that breach was not the cause of your damages, then there is no negligence. While causation is a very complex element, it can be understood by thinking about it in an example. If driver 1 was texting and driving and struck driver 2’s vehicle, and driver 2 had to undergo back surgery a week later, you would think that driver 1 is responsible for driver 2’s injuries. However, if you learn that driver 1 hit a parked car, and driver 2 was inside a store getting groceries at the time of the accident, you see that driver 1 was not the cause of driver 2’s injuries. There is no link between the breach of duty (driver 1 texting and driving then hitting driver 2’s vehicle) and driver 2’s need for back surgery. That “link” is causation. Damages An essential element of negligence is damages, which must be actual and quantifiable. This means that even if a person meets all three elements above, if there are no damages then there is no negligence. Most people who reach out to an attorney after an injury have damages, typically medical bills. This element gets tricky when determining how much of those damages a person can legally recover. In Tennessee, certain damages may be “capped.” Further, Tennessee is a “modified comparative negligence” state, meaning a person cannot recover from another if they are fifty percent or more at fault. For example, in a car accident, if two cars collide and both drivers are found to be 50% at fault, neither can recover from the other. However, if one driver is 49% at fault and the other is 51%, the driver with 49% of the fault may be able to recover from the other driver. However, damages will be reduced by the percentage of fault. It takes all four elements discussed above to have a negligence claim. A personal injury attorney is the best person to determine whether you may have a negligence claim. If you have suffered injuries and believe it is a result of negligence, contact our firm for a free consultation to see if you are entitled to compensation for your injuries. For further information you please click Nursing home abuse cases and Knoxville personal injury lawyer Did you know that if you are driving a motor vehicle in Tennessee you have implicitly consented to give a blood, breath, or urine test if a law enforcement officer has reasonable grounds to believe you are driving under the influence? This is because of the Tennessee Implied Consent Statute, § 55-10-406. This statute provides law enforcement officers discretion to administer testing to determine whether you have been drinking, solely because you are driving. While an officer needs “probably cause” to administer the test, this is typically not a difficult hurtle to overcome. Refusal to submit to the testing will often result in a suspension of your driver’s license, among other consequences, including jail time.
In Tennessee, it is unlawful for any person over the age of 21 to operate a motor vehicle with an alcohol concentration (known as BAC) at or exceeding .08%. This limit is reduced to .04% for commercial drivers, such as bus drivers. Further, if any person under 21 has a BAC of .02% while driving, that person can be found to have committed a DUI, even if the person does not feel “drunk.” This is a pretty low threshold and a person under 21 could find themselves facing DUI charges after only one beer, depending on the circumstances. This is because of Tennessee’s Zero Tolerance policy for all persons under the age of 21. These harsh laws could find a good person in a bad situation very quickly. How can you be sure you are not driving with a BAC above .08% (for non-commercial drivers over the age of 21)? The only way to be 100% sure would be avoid drinking any alcoholic beverages before operating a motor vehicle. Determining the amount of alcohol one must consume to reach .08% depends on many factors, including: • Gender • Weight • Age • Metabolism • The types of drinks consumed (liquor, wine, or beer) • How much food you eat before, during, and after drinking • How quickly or slowly you consume drinks and the time between drinks • Medical conditions • Prescription medications If someone is arrested for driving under the influence (also known as driving while intoxicated), the sentence they receive will vary greatly depending on the number of DUIs the person has received, when they received those DUIs, as well as their entire criminal record. For a first-time DUI conviction, there is mandatory jail time of at least 48 hours, but jail time could be up to 11 months and 29 days. This minimum jail time increases to 7 consecutive days with a BAC of .20% or higher. Other possible consequences for a first-time conviction include: • License revocation for 1 year • A fine of $350 to $1,500 • Participation in an alcohol and drug treatment program • An alcohol and drug addiction treatment fee of $100 • Installation of an Ignition Interlock Device on your vehicle • Other penalties as ordered by the court These punishments increase for each DUI conviction a person receives. If a person is convicted of a DUI four or five times, that person will be sentenced as a Class E felon. This increases the minimum mandatory jail time to 150 consecutive days, but the person can receive the maximum punishment authorized for a Class E felony. It is critical to hire an attorney who knows the intricacies of the Tennessee Code to defend your DUI charge. A conviction not only harms your reputation, it can significantly impact your future. With just one DUI on your record, you may not be able to rent a car, your insurance premiums may rise, and you may not be able to get a job. A skilled attorney may be able to fight the charges altogether, fight for a plea for lesser charges, or significantly reduce your sentence. It is important to act fast after an arrest, especially for persons under 21. Contact us today if you have been arrested and charged with a DUI and let us fight for you. It is true that no two marriages are the same, and it is just as true that no two divorces are the same. Each marriage has two unique individuals who come together with their own finances, property, debts, and sometimes children. When the decision is made, either by one spouse or both, to get a divorce, those finances, property, debts, etc., need to be divided among the individuals. It may seem simple that each person should leave with what they came to the marriage with, but that typically is not the case and divorces quickly become complicated when property is bought together, when the spouses have children together, when the spouses start a business together, and countless other scenarios that occur during a marriage.
Tennessee does not take the decision to get lightly and, therefore, when a petition for a divorce is filed, there is a waiting period. If there are minor children involved, the waiting period is 90 days. If there are no minor children, then the waiting period is only 60 days. However, this is the minimum time allowed between the filing of the divorce and a hearing, not when a divorce will be granted. In the context of a divorce, a “petition” refers to the document(s) or form(s) filed with the court that starts the process. When filing a petition, you must decide where (what state) to file the petition. To file in Tennessee, one or both spouses must have lived in Tennessee for at least 6 months before filing. You may also file in Tennessee if you lived here when you decided to divorce. Then, you must choose the correct court in the proper county in Tennessee. The petition will need to be filed in the county where your spouse lives or in the county where you and your spouse lived when you were separated. You may file in the county you live in only if your spouse is in jail or does not live in Tennessee. You should speak with an attorney to be sure you are filing in the correct county. There will be a fee to file a petition, but that fee varies based on the county where you are filing for the divorce. With the petition, you will likely be required to complete a form that will indicate whether one spouse will pay the fees, or if the fees will be split between the spouses. Most counties require the fee to be paid at the time of filing, although some counties allow the fee to be paid later, depending on the situation. During the process, there will be a lot of forms that will need to be completed. These forms give the court an understanding of the marriage, the reason for the divorce, the property that must be split, the financial situation of both spouses, and the children involved. Second, a hearing will be scheduled where you and your spouse will present your plan for the divorce for the court’s approval. The plan will need to be detailed and split all property, assets, debts, etc. The court will only approve the plan if it is fair to both spouses. This does not mean the property must be split equally, but you will have to explain, to a judge, how the property is split and how it is fair to both spouses. While a divorce is pending, there are a few things that spouses are not allowed to do, including:
If you are looking best Nursing home abuse lawyer and a Nursing home lawyer. For more information about The Sexton Law Firm and articles on family law, see the website at http://thesextonlawfirm.com. The nursing home is a place where care, attention and help are extended by the staff at the nursing home. Unfortunately, that is not the experience that some of the elderly family members have encountered in these nursing homes. Some nursing homes have extended highly irresponsible, cruel and brutal behavior towards the elderly residents of the nursing home and this is one of the major reasons for the rising numbers in the nursing home abuse cases. This growing numbers is an indication that the situation is turning truly dangerous and unsafe for people who need to shift their beloved elderly family member from the safe and secure confines of the home to a highly precarious and risky place where danger is personified by the very people who should be the saviors.
Any indication that the family member who is a resident of a nursing home is suffering some kind of abuse or cruelty need to be further probed and explored. And the first step in this direction is to engage the services of the nursing home attorney who is an expert in the niche of Knoxville personal injury lawyer. However, the fact remains that the nursing homes are doing extremely lucrative business, and the nursing are to be found in every nook and corner all over the country. Engaging the services of a nursing home abuse lawyer is not only an effective way but also one that is the easiest of all ways. Most regions have a local nursing home abuse attorney who is available to handle the cases of the local residents in the nursing homes of the region. Besides, the nursing home lawyer also have the knowledge of the functioning of the nursing homes and are able to point out the various lapses in the nursing homes, which is highlighted in the court. There comes a time in every body’s life when it becomes necessary to transfer the most loved family member from the safety and security of a home to the unpredictability of the nursing home, because of a number of reasons. These reasons may include, job relocations, lack of time due to job constraints, inability o handle certain medical needs of the patient or a host of other reasons. Whatever be the reason, the shifting of a beloved family member to the nursing home can be traumatic for both. But unfortunately, the precarious condition in which the nursing homes are found today, it seems to be quite intimidating and the proof of the condition is the large number of the nursing home abuse cases. And when such abuses are noticed it is time to nip it in the bud and contact a nursing home abuse lawyer
Finding an experienced nursing home abuse attorney to handle the abuse cases, is of prime importance. There are many issues that must be tackled and some of them include, compensation for the injustice, insurance coverage and most importantly, ensuring that the culprit is punished. When planning to meet a nursing home lawyer, make sure you know what you want from them. Also once you have got across your demands, it needs to be confirmed that they are in agreement to the demands and that they assure you that the demands will be met. Prior to the submission of the signed contract, find out from the nursing home attorney if there is a chance of success or that it might be impossible. It should be a completely open talk to the lawyer and ensure that no facts are twisted or hidden. These are just a few precautions that will give the family member the confidence that they will be comfortable, well attended to and most importantly very secure. |
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