Why Nursing Home Abuse is Under-Reported

nursing home abuseThe abuse of elderly individuals while they are under the care of nursing homes or other caregivers is an astonishingly common occurrence. Simply assuming that because someone is being paid to care for your loved one, they will do a good job of it, is unfortunately a mistake made by thousands of people every year.

A congressional report released in 2001 showed that as many as one in every three nursing homes were cited for abuse violations within a two year span. Abuse of individuals in nursing homes often goes unreported. Oftentimes, the victims are afraid to speak up against inappropriate actions for fear of further abuse.

However, an increasingly common reason for the lack of reported instances of nursing home abuse is the victim’s mental state. Alzheimer’s disease, the most common form of dementia, affects as many as 5.2 million Americans and causes forgetfulness and confusion. As a result, abuse victims may not understand what is going on around them.

It’s important to stay close to your aging loved ones when the decision to put them in an elder care facility has been made. This can help you ensure that they are being treated with the dignity and respect they deserve in their twilight years.


Protecting Your Family Against Medical Malpractice

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With all the chaos and rush going on in the emergency room, there will always be a huge chance of errors being committed on the patients. Although there are margins given to medical professionals assigned to emergency rooms, such leeway is still restricted and should never be used as an excuse for errors made. Any harm that a patient suffers from a sub-par care from emergency room treatments is still accountable to medical malpractice claims.

In cases of medical malpractice claims against emergency room care, there are certain basics that should be taken into account in order for your personal injury attorneys to smoothly win a compensation claim for you.

  1. The existence of the “doctor-patient” relationship – in the emergency room situation, once the doctor is treating the patient (of just examines the patient), the relationship is established. Long-term relationship is not needed in these cases.
  2. The treatment given in the emergency room was negligent – the physician has not kept the “standard of care” expected of them, and it is the patients’ responsibility to demonstrate how this careless act has occurred in the emergency room.
  3. The physician’s carelessness has lead to injury – the most important element in a personal injury claim; it must be proven that the negligent physician’s actions have caused harm to the patient. This can be established through:
    • Additional treatments that has cast financial burden to the patient
    • Pain and suffering
    • Loss of enjoyment of life
    • Loss of capacity to earn for a living

Personal injury claims involving emergency room errors can require more details and could be painstakingly long, it would greatly benefit the patient to get help from experienced personal injury attorneys advice on handling the case. Medical malpractice claims are not only important for the patient, but also for everyone who, in the future, can be exposed to the same dangers and errors as medical malpractice errors can be dangerous and life-damaging.

Dividing Assets and Debts During Divorce

While there are many important issues to be worked out during divorce, one of the most important to consider is the division of property, both debts and assets. There are two ways that these can be distributed – through equitable distribution and community property. Most states, however, use equitable distribution.

Despite its name, equitable distribution doesn’t mean equal. Rather, it means fair distribution of properties, other assets, and debts. In order to divide property and debts, there are many factors that are considered, including both the marital properties and separate properties. Although separate properties will not be divided between the two spouses, it often does have a significant effect on how the marital properties will be distributed. Other factors that could affect the distribution are:

  • Age, physical, emotional, mental health, and length of marriage
  • Income and earning potential of each spouse
  • Present value of any marital property, as well as the income and property contributed by each spouse during the marriage
  • Standard of living created during the whole marriage
  • Possible economic situation of each spouse once the divorce becomes final
  • Conjugal debts and liabilities, along with the ability of each spouse to pay for them
  • Possible tax repercussions of each spouse
  • The need for the custodial parent to keep the marital home along with its household effects
  • The assistance or aid of one spouse to the education, training, or earning power of the other spouse
  • Contribution of each spouse as a homemaker, as well as their contribution in obtaining any marital property

There are also times where the court can penalize spouses for their wasteful use of marital property, whether it be during the marriage or after the separation. Any abuse or infidelity is also something the court often considers.

Equitable distribution is only done in court; therefore, it is typically used only when both spouses have not agreed on the distribution of their properties. However, distribution of properties can be talked over by the spouses themselves, or with their respective lawyers, resolving these issues without taking them to court.

Keeping Your Family Safe From Toxic Substances

Physical injuries brought about by toxic substances can be life-threatening and could lead to devastating effects. While some toxic substances can have immediate visible effects to the health, others may take a longer time to see evident symptoms, making it more difficult to really pin-point the culprit of the disease that has affected the body long after the exposure.

Suffering from an injury or harm due to exposure to a toxic substance, whether deliberate or accidental, can be a reason for filing a lawsuit. When you or anyone in your family has been a victim of exposure to a toxic substance, you can get assistance from experienced personal injury attorneys who can help you pursue the compensation you need to cover the costs of any losses you experienced because of exposure to a dangerous product.

When people hear “toxic substance” they easily think about toxic chemicals which only certain people have access to. However, anyone is at risk of being exposed to a toxic substance, and these different types of toxic substance cases can help you understand how:

  1. Consumer products – certain chemicals can be mixed in products such as dog food, containers, toys and even cigarettes.
  2. Chemicals and pesticides – the food we eat can be full of pesticides which can cause health complications when taken in large doses.
  3. Prescription medications – there are certain medications which can complicate a patients disease or ailment, or where the manufacturer has not warned the patient of the side effects, causing further health injuries or harm.
  4. Industrial materials– certain chemicals are necessary in certain workplaces, therefore putting workers in direct harm of toxic exposure.
  5. Hazardous wastes – toxic substances which are improperly disposed or stored, therefore are causing toxic harm to the environment and the people around the area.

Toxic exposure can occur anywhere; at your home, school, workplace, hospitals, and even parks. It can have overwhelming effects, not only on your health, but also to everyone and everything around it. Because of the complication and intricacy surrounding personal injury law, talking with knowledgeable personal injury attorneys could greatly enhance your chances of successful  compensation as well as getting the responsible people pay for their wrong-doing.


Study Indicates Mothers Abused during Childhood More Likely to Have Autistic Children

A recent study by researchers at the Harvard School of Public Health has found that women who were abused during their childhood are more likely to have children with autism spectrum disorders.

The study surveyed more than 50,000 women on whether or not they suffered any physical or mental abuse during their childhood. An indication of severe physical abuse, for example, would be being hit hard enough to leave a bruise. These women were also asked if their children have ever been diagnosed with an autism spectrum disorder.

AutismThe study found that women who were severely abused as children were up to 60% more likely than women who were not abused to have autistic children.

The study accounted for the normal risk of autism as well as the fact that women who were abused are more likely to exhibit the behaviors that are suspected to contribute to the development of autism. These findings are important because they indicate that child abuse can affect the next generation in addition to the children who are abused.

What Families Should Know About Nursing Home Abuse


As parents and grandparents age, it can be hard to deal with their needs, which is why most people prefer to put them in nursing homes. These health care facilities are aimed to accommodate and look after the aging community and ensure that their needs are met. Although it may be emotionally hard to be away from your loved ones, it would be more beneficial for them to stay in such facilities to make sure their needs are met with proper care.

However, there can be instances where even the people you trust in nursing homes would abuse your loved ones. Nursing home abuse is already on the rise, and it is estimated that one in every three nursing homes are alleged for elderly abuse, be it physical abuse, financial abuse, or even sexual abuse. And because the elderly are amongst the most vulnerable, these abuses should never be taken lightly, therefore contacting reliable nursing home abuse attorneys would be the next step if you think your loved one has fallen victim of such circumstances.

Among the many types of abuse that happen in nursing homes, physical abuse is one of the most damaging and obvious abuses that can occur to the elderly. This type of abuse is very rampant in American nursing homes, and although most signs are obvious, there are also subtle and hidden symptoms. Physical abuse is described as intentional use of physical force towards the elderly, which can cause pain, impairment, and even death. For nursing homes, physical abuse can also account to improper use of medications or prescription drugs, which could pose harmful effects to the health of the resident.

Most elderly people often hide their abuse and prefer to not talk about it, mainly because of fear. This can also be because they have been threatened with further abuse and violence if they speak out about it. When you think someone you love is being physically abused in their nursing homes, make sure to inform their doctors, the head of the nursing home and the police about the abuse. Gather evidence and consult nursing home abuse attorneys on how to proceed in protecting your loved ones from further harm.

Options for Women Experiencing Domestic Violence

Domestic violence is a serious problem that affects millions of people every year. A 2005 report by the Bureau of Justice Statistics (BJS) showed that of 3.5 million reported instances of family violence, 73% of the victims were female. While this statistic includes non-spousal violence, such as child abuse or violence against other family members, closer inspection shows that women were the victims of 84% of spousal abuse incidents. Yet, women often stay in these destructive relationships.

One of the reasons for this, according to Leslie Morgan Steiner, a domestic abuse survivor and National Domestic Violence Hotline board member, is that many women who end up in these kinds of situations believe their partners will eventually change the abusive behavior. At some point, many of these women realize this will not happen and begin seeking help.

abused woman helpHowever, many women whose relationships become abusive end up being afraid to break away from their partners. Getting out of these relationships can be incredibly difficult because of the constant threat of violence, especially when the abuser gets a hint that the victim might report his actions.

There are many resources for women who want to leave an abusive relationship. The Department of Health and Human Services has a resource center where abused women can seek help and shelter. Shelter is the first thing a victim of domestic abuse will need, since they may, quite literally, be running away from home to find solace from their abusive partner. Many abuse victims are unaware of the legal options available to them in response to what they’ve suffered through. Legal help with items such as restraining orders and potential divorce proceedings are crucial to an abuse victim’s continued safety after breaking away from a toxic relationship.

Division of Assets and Property in a Divorce

The process of divorce can be an extremely painful and emotionally-draining experience for any individual to have to go through. Nonetheless, people often choose to pursue divorce when their marriage has reached an end point, as continuing in an unhappy relationship can be an even more painful choice than ending it. If divorce is inevitable in your marriage, know that you never have to handle this traumatic experience alone. There will always be a divorce attorney ready to offer his or her services. Professional, compassionate and an expert in family law, you can rest assured that your divorce attorney will treat you with respect and will fight for your rights and interests with the required determination.

Some divorce cases present very challenging issues which, in order to be resolved, require experts in family law and laws on child support or property division. One such type of case involves the division of marital assets and property.

Just and rightful division of property and assets between divorcing husband and wife is essential, as this will significantly influence the future of each partner. And though this may only affect division of assets and property acquired during their life together, this can still be an extraordinarily difficult goal to achieve.

Some of those who enter into marriage draw up an agreement beforehand which states and clarifies issues regarding spousal support and division of property. These issues are specifically stipulated in premarital, marital property, and antenuptial agreements. Due to the complications of the law regarding property and its division, these agreements are prepared through the help of highly qualified lawyers. Once drawn, these agreements will help settle issues regarding who gets which asset or property.

In some cases, a number of other essential factors are considered in the allotment of assets and property during divorce. Factors like health, age, income, needs, and contribution to care or support of children are considered to determine who gets a higher percentage in the division.

Divorce is much more complicated than you may ever think. Despite this, it can be over sooner than you may expect if only you go through it with a highly qualified and experienced divorce attorney in The Woodlands. Find more information at: http://www.bbattorney.com/

Alternatives to a Typical Divorce


Many people mistakenly believe, largely due to media hype and television shows, that the most common type of divorce is a contested divorce, in which couples battle fiercely over “who gets what” in the end.  However, the fact of the matter is that about 90% of divorces in the U.S. are actually what we call uncontested divorces.  In an uncontested divorce, spouses are able to agree on every aspect of their divorce settlement, and therefore settle their divorce negotiations relatively easily, with no fighting or fuss.

There are alternatives, of course, to these two primary types of divorce.  Even if you and your spouse aren’t having knock-down, drag-out fights about matters like child custody or property division, you might still not agree on every aspect of the settlement terms.  Therefore, some alternative to both a contested and an uncontested divorce is likely appealing.  Fortunately, there are alternatives, and you can get help deciding which of these popular alternatives is right for you.  Everyone is different, so finding the best divorce for your situation can make this difficult process a little easier to bear.

Common Alternatives

Understanding that you are not stuck with any one particular type of divorce is important; you have some options from which to choose.  Several common alternative divorce methods include:

  • Mediated Divorce
  • Collaborative Divorce
  • Simplified Divorce

In a mediated divorce, an objective, non-legal representative will work with both spouses and their attorneys, representing the interests of both in order to reach a settlement.  In a collaborative divorce, each spouse’s divorce lawyer will represent the wants and interests of his or her own client.  Finally, a simplified divorce takes place without a lawyer at all.  These common alternatives might be viable options for you and your spouse, if you are having difficulty making a decision about the type of divorce that’s right for you.