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Nursing Homes are Expected to Provide Residents with the Care and Treatment They Need, if They Fail, Their Staff and Administrators can be Held Liable for the Consequences of Their Negligence

Posted by on Apr 26, 2017 in Nursing Homes | 0 comments

Nursing Homes are Expected to Provide Residents with the Care and Treatment They Need, if They Fail, Their Staff and Administrators can be Held Liable for the Consequences of Their Negligence

Around 30 to 50 percent of the more than 1.5 million nursing home residents in the U.S. are underweight and about 85% may be suffering from malnutrition or dehydration, based on a study supported by The Commonwealth Fund. (“The Commonwealth Fund is a private foundation that aims to promote a high performing health care system that achieves better access, improved quality, and greater efficiency, particularly for society’s most vulnerable, including low-income people, the uninsured, minority Americans, young children, and elderly adults. (http://www.commonwealthfund.org/about-us)

Two of the major consequences of neglect suffered by nursing home residents are malnutrition and dehydration. These can be due to certain residents being denied food and water (a form of punishment inflicted by nursing home staff) of failure of a facility to make sure that residents’ nutrition needs are met.

Failure of a facility to make sure that it meets residents’ nutrition needs includes: wrong serving sizes being given to residents, resulting to improper nutritional intake; lack of individualized care; staffing shortages and high nurse aide turnover; and/or inappropriate feeding tubes insertions and improper feeding methods which, according to the Centers for Medicare and Medicaid Services (CMS), hundreds of nursing homes are cited for each year.

With regard to specific situations relating to residents, these include: dental problems, which make it difficult for residents to eat certain kinds of food; loss of appetite; certain illnesses, such as diabetes, Alzheimer’s or other types of dementia; swallowing disorder; depression, which often results to appetite loss or refusal to eat; and/or, medication side-effect, which can result to sleepiness, nausea, vomiting, and loss of appetite.

In the website of the Russo, Russo & Slania, P.C. law firm, it is said, “The impact that nursing home negligence can have on the health and well-being of the elderly can be overwhelming. Because of the already fragile nature of many elderly individuals’ health, negligence or mistreatment on the part of nursing home staff can exacerbate medical conditions or lead to the development of serious emotional or physical problems that can take a substantial toll on the well-being of elderly residents.

Nursing homes are expected to provide their residents with the care and treatment they need, so when they fail to do so, nursing home staff and administrators can be held liable for the consequences of their negligence.

Under no circumstances should nursing home negligence be allowed to occur or persist. As such, if your loved one has suffered as the result of any type of nursing home negligence, find out how you can take action against those responsible. A personal injury attorney may be able to help victims of this mistreatment get the justice and compensation they legally deserve.”

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How to Ace Your Job Assessment Test

Posted by on Jan 5, 2017 in Employment | 0 comments

If you are applying for a job and have been asked to take an employment test, do not be afraid. Employment tests are there for both employer and employee. In the employer’s side, it gives a sense of security to know that you are actually capable of doing the job. In your side, it avoids the frustration of being in a job where you cannot perform well, maybe because of the lack of particular skills that are required for it, the lack of physical attributes that will make it too exhausting, or anything else.

But what if you are sure that you are really capable of doing the job? The employment tests are one of the things you need to overcome to finally get that position. Below is a list of tips you can follow to ace your job assessment test.

Know Your Stuff

Employment tests usually come after interviews. So even before the interview, you should already be prepared in the possibility of such tests. Review the necessary things you need to know about the job. It is also ideal to at least have a general idea of the whole company you are applying to.

Some tests are also not directly related to the job but are more general, like tests regarding grammar, literacy, and personality. The internet has an abundance of these tests. You can check them out so you can know what to expect.

Prepare Physically and Mentally

No matter how knowledgeable you are, taking tests can be hard if you are physically tired. Make sure to get enough rest even before the interview. Being energetic can also give a good first impression to your employer. It signals that you are assertive and confident.

You should also be mentally ready to take the job assessment test to prevent unnecessary inconveniences like mental blocks and unwarranted fears. These can affect your overall performance.

Know the Details

Though assessment tests can be given in the company premises, there are instances where these tests are given in a different place and a different time. The important thing is to know the basic details of the test, so you can actually show up. Know the date, time, and place where the test will be taken, and be there on time.

Once you are there, read the instructions carefully, because the last impression you want to give to your employer is that you do not know how to follow basic rules and instructions.Test results can also be considered void if they do not follow the instructions, and maybe your entire application is just as unlucky.

Don’t be Afraid to Ask

If there is something you do not understand, be assertive enough to ask. Asking is not a sign of incompetence. If anything, it is a sign that you are taking your assessment tests seriously.

Even after the tests, do not be afraid to ask your employer how well you did. There may be negative feedbacks, but don’t be discouraged. At least you get information on how you can improve yourself. Asking for feedback is also a good way to show your employer that you are committed to the application process.

For sure, there are other applicants out there. So even if you pass the test, you may end up not getting the job. Those little impressions you give to your employer, like your assertiveness, confidence, and commitment to the application process, might be the things you need to have an edge over the others.

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Vicarious Liability: Naming a Hospital as Defendant

Posted by on Oct 21, 2016 in Medical Malpractice | 0 comments

The Institute of Medicine, a nonprofit organization, published a report, titled “To Err Is Human,” in 1999. In the report, it was said that during the 1990s, about 98,000 people died due to preventable medical errors committed by healthcare providers (nurses, doctors and hospitals).

Continuous research, training plus the introduction of modern medical devices were seen as the means to significantly reduce, if not totally end, fatal medical mistakes; however, instead of lowering the number of deaths, fatalities only increased, almost doubling even. Patient deaths in Medicare alone reached 180,000 in 2010, all due to bad hospital care, according to the Office of the Inspector General for Health and Human Services.

Medical professionals have a significant responsibility towards patients under their care. If they fail to provide the standard of care expected of them and cause harm to patients, especially due to negligence or carelessness, then they can be held legally liable.

Liability in a tort (or personal injury) case can result to a person being held responsible for the actions committed, or not performed, by someone else. If applied in a workplace setting, it would mean an employer being held accountable for the actions of his/her employee (or failure to perform some necessary action/s), provided that it can be proven that the employee’s action or lack of action occurred during such employee’s course of employment. Under the law, this is known as vicarious liability.

Vicarious liability, which is often applied in medical malpractice lawsuits, makes hospital negligence the basis of a lawsuit. This move is often resorted to by personal injury or medical malpractice lawyers knowing that the healthcare professional, who committed the injurious mistake, will not be able to afford the full amount of compensation sought by his/her victim. The hospital where the healthcare professional is employed, however, can lean on its insurance carrier to pay the amount that the court will approve. Thus, instead of naming the healthcare professional as defendant in a lawsuit, the defendant becomes the hospital. Besides the purpose of seeking compensation, naming the hospital as defendant is also aimed at sending a message to the hospital owner/s and manager/s: make sure that quality care is always provided to patients in order to prevent further committance of mistakes that will harm patients and make them suffer more.

According to Toronto medical malpractice lawyers, in medical malpractice law, negligence refers to caregivers doing something they should not have done, or not doing something they should have done, measured against the reasonable treatment that should have been done in the circumstances. For a victim of medical malpractice to merit the compensation that he/she seeks from the liable party, he/she must be able to prove to the court that the caregiver’s conduct fell below the standard of care to which he/she, as a patient, is entitled.

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Filing A Social Security Disability Claim

Posted by on Jul 27, 2016 in Uncategorized | 0 comments

If you are attempting to file a social security disabilities claim, you are doing so in order to attain the support that you need in lieu of being unable to work; however, working through the application to do so can become so overly-complicated, it feels like a job itself. This can be highly disheartening when the benefits you need to support yourself and your family are out of reach due to nothing more than a lack of understanding of the system on which it operates on.

The benefits that you seek through a Social Security Disability claim are critical to the upkeep of you and your family’s well being.

Common Application Mishaps

According to its annual report, the Social Security Administration received upwards of 2.5 million applications for the program in 2015, but the unfortunate reality is that more applicants are denied than granted the benefits they are applying for. Although there is the option to take your claim case to a hearing upon denial, the waiting process to actually appear in court can take up to a year or longer. Why are so many applicants denied? According to the website of John Michael Bailey Injury Lawyers, one chief reason is simply due to incorrectly or insufficiently filled out applications. The SSDI places a great deal of responsibility on the applicant to get it right the first time and to send all necessary materials to the right people. Failure to do so will quickly push your application to the denial pile. Some common pitfalls of applicants are:

-Not including enough (recent) medical records proving your disability
-Not attending the doctor regularly in the months leading up to application so as to have recent medical records
-Not re-submitting medical records with the second packet of forms that is sent to you after you turn in your application to avoid being waylaid
-Not obtaining an RFC (Residual Functional Capacity form) from your treating doctor, which is needed before you can be approved
-Not acting within two months in requesting an appeal upon denial

These are only some of the few more broad, hard to miss type of mistakes that exist to be made throughout the application process- there are many more tedious details that, unless you know exactly what you’re doing or have experience filling out the form, you are sure to miss or complete incorrectly, resulting in denial.

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Differentiating Assisted Living and Nursing Home

Posted by on Mar 28, 2016 in Retirement Care | 0 comments

When we are presented with a situation where our loved ones, especially the elderly, need special care that we are not able to provide ourselves, we often think of sending them to a home facility, according to SeniorAdvice.com. Usually, people associate it with nursing homes. While that is not uncommon to contemplate on, we might just be mistaking nursing homes for assisted living homes. These two kinds of care facilities cater to the elderly, but they have monumental differences which we should not overlook. This way, we can give our loved ones the best care they deserve while also being efficient, especially in costs. According to the New York State Office for the Aging, there are over 1.25 million seniors over the age of 75 in New York alone.

Assisted living provides assistance to the elderly while they are doing their daily tasks, such as bathing, eating, and dressing up. It could easily mean an alternative for the elder’s actual home. Typically, assisted living homes are equipped with social centers where the residents could interact with their fellow residents in order to not feel isolated. Assisted living homes provide a healthier environment to make the elder’s daily life more lively. Sometimes, families in the country move their elders to assisted living mainly for easy access to socialization, which is an important aspect in anyone’s life.

Nursing homes, on the other hand, are geared towards a specific goal. They have doctors and nurses who will attend to the health needs required by the patient. Usually, residents in nursing homes are those who have ailments that need to be monitored crucially. According to caring.com, nursing homes are more like hospitals, in the sense that its focus is the medical needs of the patient, as opposed to assisted living homes which is a normal home that provides community involvement for the elder.

Before deciding which one to choose for your loved ones, make sure that you have carefully reviewed the facts and the differences between nursing homes and assisted living homes. Doing this could mean that you will be able to save more money by giving only what is actually needed and so that you may avoid availing services that will be irrelevant to your elder’s needs.

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