Posts by Martha

Long-Term Care and End-of-Life Planning

»Posted by on May 10, 2017 in Elder Law | 0 comments

Long-Term Care and End-of-Life Planning

Alzheimer’s disease is the most common root of dementia in older people. It is an irremediable, progressive brain disease that slowly destroys an individual’s memory, thinking capabilities, capability to perform even the simplest daily activities. Once this disease leads to the most severe stage of dementia, it will render a person totally dependent on others even on the most basic tasks.

The Centers for Disease Control and Prevention (CDC) says that scientists are still in the dark with regard to the real cause of Alzheimer’s disease. They can only assume that there is probably not just a single cause, but several factors that may affect each person differently, such as:

  • Age, which is the best known risk factor for Alzheimer’s disease;
  • Family history;
  • Education, diet, and environment;
  • The possibility of increased risk of Alzheimer’s disease due to factors that lead to heart disease and stroke, such as high blood pressure, high cholesterol, and low levels of the vitamin folate.

Based on the 2017 Alzheimer’s Disease Facts and Figures from the Alzheimer’s Association, it is estimated that 5.5 million Americans of all ages are suffering from Alzheimer’s disease. About 5.3 million of them are 65 and older, while approximately 200,000 are under age 65 and have younger-onset Alzheimer’s.

Because Alzheimer’s disease causes a person to lose his or her ability to think clearly, medical and legal experts advise those recently diagnosed with Alzheimer’s to study and update their financial and health care plans while they still have the ability to make clear and meaningful decisions. These plans usually include the drafting of a living trust, a will and instructions that will ensure the carrying out of their health care and financial wishes during the later stages of the disease.

The legality of documents to be prepared naturally calls for the assistance of a knowledgeable lawyer who is familiar with the laws of the state where the patient resides. Besides making sure that all plans are made in compliance with the state’s laws, the law firm Peck Ritchey, LLC, also says that these plans should cover all elder concerns, including planning for health care decisions and end-of-life issues; long-term care planning; general estate planning and administration; and guardianship.

Being diagnosed with an Alzheimer’s disease is emotionally wrenching, but so will leaving your loved ones with a bleak future. This is why a patient diagnosed with Alzheimer’s will need all the medical and legal assistance that he/she needs to make sure that everything will be in place when the disease casts its full effects and takes his/her life eventually. Though the days ahead may be filled with worry and/or fear, this may somehow be lessened, knowing that the financial future of your loved ones is already taken care of.

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Snow and Ice in Premises Liability

»Posted by on Feb 10, 2017 in Winter Weather Liability | 0 comments

Places open to the public, such as businesses like restaurants and retail spaces, should be safe from accidents and injuries. If owners disregard this responsibility and a person has been injured, they may be held liable. This is called premises liability.

According to the website of the Cranston, Rhode Island personal injury attorneys of the Law Offices of Ronald J. Resmini, LTD., the vast majority of serious injuries arising out of snow and ice result from premises liability cases.

Many of these injuries come from slip and fall accidents that have resulted from snowy and icy conditions. Property owners who are not maintaining their front doors, front steps, walkways leading to their areas, and sidewalks in front of their property, may be taken to court, especially when an injury has been sustained because of their failure to see and fix the snow and ice conditions in their property.

Slip and fall injuries should not be taken lightly, because they can be fatal or lifelong. The worst slip and fall injuries include head and brain trauma, paralysis and other spinal cord issues, back problems, and fractures. Sometimes, these injuries are sustained because of a chain reaction. If the victim has slipped from the sidewalk and landed on the road, he or she may get hit by a passing vehicle and result into further traumatic injury.

As a property owner, you can avoid snow and ice issues, slip and fall accidents, and premises liability claims by properly monitoring your premises for possible snow and ice buildups and slippery spots. If dangerous conditions have been monitored, act accordingly to reverse the dangerous condition.

As an ordinary person, you should also avoid accidents on your own and not rely entirely on the property owner’s compliance and the law’s enforcement. Wear the proper footwear to avoid slips, trips, and falls. Always be wary of your surroundings, especially when there is snow and ice.

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How To Prevent Bed Sores In Nursing Homes

»Posted by on Dec 12, 2016 in Nursing Home Abuse | 0 comments

One of the most obvious signs of physical abuse in a nursing home is bed sores. Also known as pressure ulcers, bed sores can bring excruciating pain to an elderly patient. If left untreated or discovered too late, it can be very deadly. For this reason, it is important for caregivers to be knowledgeable with these conditions and how to prevent them. This article will serve as a guide on decubitus prevention.

Nursing home bed sores lawyers will tell you that prevention can be a challenge especially for patients who are bedridden. For these people, pressure is constant on the area of the skin that is constantly in contact with the bed. The caregiver must exert all effort in pushing patients to a full range of mobility. The staff can reposition, sit, or given time to stay in a wheelchair. The patients must be massaged or given therapy to prevent muscle atrophy.

It is worth noting that avoiding bed sores is easier than treatment. Using the Braden Scale, patients are evaluated based on sensory perception, moisture, activity, mobility, nutrition, friction, and shear. The elderly’s inability to respond to discomfort, suffering from incontinence, bedridden, and others are at greater risk of bed sores.

Ensuring a healthy diet for the patient is an important technique in preventing bed sores. Sudden weight loss can have a huge impact on bed sores as the skin is not adjusted to the sudden decrease in blood flow. Thus, it is important for the elderly patient to eat an adequate amount of nutritious food. It is also important for them to move about frequently.

Staying hydrated is also important in maintaining the patient’s general health particularly their skin. Certain vitamins such as B vitamins and C can boost the body’s immune system and can be crucial in the prevention of bed sores. It may also help speed up the healing process in case of illness or infection.

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Construction Site Accidents: When Employer Negligence Leads to Workplace Injuries

»Posted by on Oct 27, 2016 in Construction Accidents | 0 comments

Construction sites are among the most dangerous workplaces in America. According to the Department of Labor, a total of 899 workers were reported to have died due to construction site accidents in the year 2014. This is 20.5 percent of all workplace-related fatalities reported that year. Coming from the same reports, it was also found that the most common accidents that occur in construction sites are slips and falls, getting caught in between or hit by objects, and toxic exposure.

Considering this data, it’s clear that preventing construction sites accidents should remain a top priority in the United States. While, according to Scudder & Hedrick, PLLC, state and federal legislation uphold policies meant to regulate workplaces and protect employees from dangerous accidents, these rules can’t always safeguard the well-being of workers if employers fail to follow through with them. Employer negligence plays a key role in the proliferation of construction site injuries and fatalities across the country. An employer’s failure to live up to government-mandated safety standards leaves them accountable for accidents that occur in their worksites. Similarly, their failure to provide proper training and safety equipment also leaves workers vulnerable to all types of dangers in the construct site.

Whatever the specific cause, workers who are injured due to construction site accidents are to be awarded with workers’ compensation that will help them mitigate any expenses caused by an incident. Construction site accidents can cause very serious injuries that might take a long time to treat and recover from. This leaves workers in very vulnerable positions, leaving them without any source of income for long durations of time. Workers’ compensation allows these workers to receive appropriate monetary payments to help them through such a difficult time. If you were injured in an accidents caused by a negligent employer, you have the option to pursue your workers’ compensation benefits with the help of an experienced labor law attorney.

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Get The Wage That You Deserve By Filing A Claim

»Posted by on Sep 29, 2016 in Employment Laws | 0 comments

Working hard to make money, it is but proper that you get every penny or cent that you worked hard for. Unfortunately, this is not the case most of the time. Employee wages are governed by the Fair Labor Standards Act or FLSA which outlines the rules employers must adhere to when paying employees. The FLSA defines what overtime pay is, when overtime should be paid, and who are eligible for overtime.

According to the website of Williams Kherkher, employees have the right to file a wage claim if they believe that their employer is not paying the overtime pay they deserve. The first step you need to take in order to recover your unpaid wages is to gather information about your employment situation. If you intend to file a claim, make sure that you file within the deadline. Violations of minimum wage, overtime, illegal deductions from pay or unpaid reimbursements have a three year limit from the time the claim was filed.

After filing a formal complaint, you and your employer will be notified about the next step of your claim. So make sure that you inform the Deputy Labor Commissioner about any change in your address or phone number. A settlement conference will be scheduled. Here, the Deputy Labor Commissioner will try to work a settlement agreement for the payment of the claim. If no agreement is made, the claim will proceed to a hearing.

A Notice of Hearing will then be sent to you with the date and time. Just like in a normal court, you will testify under oath and submit evidence about the claim. Documents that you submitted during the settlement conference will not be allowed in the hearing so you need to present new evidence.
At the conclusion of the hearing, you will receive a letter explaining the decision of the hearing officer and the amount that needs to be paid by the employer. Both employee and employer can appeal the decision with the Superior Court.

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