Can Abuse Exist in Nursing Homes?

Abuse can be difficult to spot, especially if you are not quite aware of the signs. All the more, it can be difficult to know what to do about it, if you are not aware of the rights you have against it. Sometimes, victims of abuse are not aware that there is proper legal action that can be taken and is well within their rights, in order to take them out of that abusive situation. More often than not, these cases are not filed due to the fact that the abused feel themselves helpless or afraid from their abusers.

Some of the most appalling cases of abuse happen in nursing homes, due to the fact that the victims are elderly people who are no longer able to care for themselves and only await to live the rest of their remaining lives in peace. Upon admission to a home, these elderly folk will have demonstrated difficulty with living by themselves, ergo require the aid of caretakers and such. Nursing homes are then required to uphold themselves in a certain standard of care, including enough well-trained staff on board at all times as well as a functioning facility with all the necessary medical equipment and medication. If this standard is not met or worse, violated, this can be grounds for Nursing Home Abuse.

According to the website of the attorneys of Abel Law, there are a few signs that should enable you to automatically see a few red flags with a particular nursing home that might suggest evidence of abusive care. Some of these signs include intentionally duplicitous staff or parts of the home that are closed off for reasons that are undisclosed; sometimes, the signs are more obvious – such as that of physical evidence upon the person such as cuts, lacerations, bruises, and the like.

You do not have to stand for this are there is legal action that can be done in order to seek justice against such an appalling act. If you or someone you know is currently in a similar, unfortunate situation, it is recommended for you to seek out expert professional help as soon as possible.

Product Liability Laws

Product liability laws in the United States have evolved through the years; not only are the manufacturers the ones who are required to warn their customers regarding possible choking hazards, in some case the sellers as well as the distributors are also expected to provide warnings of choking hazards. Most of these products should meet certain federal safety requirements, and when a child chokes on a toy or product that has not been properly labeled the parent has the right to sue in order to get compensation from the damages that the incident caused. And regardless of age, when the product has caused choking even when used as directed, then anyone has the right to file for a lawsuit.

Claims regarding choking hazards are a special category under product liability claims, usually filed by parents of children who have fallen victims to the products. Just about any parent knows and understands the dangers of potential choking hazards from toys and other toys, since we can’t really monitor the child all the time we can’t check what they put in their mouths during playtime. Although accidents do happen, incidents such as choking can be prevented, especially if there are warnings of the potential danger of the products. According to the website of the law firm of Jessica Rutzick & Associates in Wyoming, when the cause of the choking injury is due to negligence on the part of the manufacturers, seller or distributor, then there is a chance for compensation through a personal injury or product liability claim.

According to the United States’ Consumer Products Safety Commission, through the Consumer Product Safety Act of 2008 together with the Federal Hazardous Substances Acts, there are specific and detailed regulations on toys (or other products) that are meant for children under the age of three, and more general warnings for older consumers. These regulations are determined by on a national level through categories depending on the required warnings of the products’ choking hazard, and are applicable to manufacturers, retailers, and suppliers that are selling either online or the “brick and mortar” businesses.

Using a product is a way that it was intended to be used but resulted to you or your child choking on it and ends in injuries, the legal actions can be taken. Although most people are familiar with choking by ingesting a product, there are instances where articles of clothing, drawstrings, household items, and other products that had caused choking incidents. Even when the choking incident did not involved ingestion, as long as there is restriction of air and the danger of death, then a personal injury or product liability claim is possible.

If you or a loved one has been a victim of product liability, an experienced personal injury lawyer will be able to guide you through the process of getting justly compensated for your injuries. Although it’s ideal that there be no injuries, a personal injury lawyer will be able to help you get the results that you want.

Unintended Consequences from Medical Supplements

There are many reasons why people take supplements; however, the FDA has recently issues an alert warning for those people who are using testosterone supplements. Although approved by the FDA (Food and Drug Administration), there has been reports of users having increased risks of stroke, heart attacks, and even death. Topical testosterone supplements have been heavily marketed to men who are suffering from lower testosterone levels due to aging, yet the health risks of long term use has not been completely determined.

According to the study published in the Journal of the American Medical Association or JAMA a link between testosterone supplements and the higher possibilities of heart attacks, death, and stroke. Even after just three years of use, the University of Colorado has determined that user have 30 percent more chances of experiencing stroke or heart attacks. Even more startling, the study also found out that men with otherwise clear and health coronary arteries has just about the same risks of heart attacks and stroke as those who are already suffering from coronary artery disease.

This has been the reason why there is an increase of testosterone supplement lawsuits, as the findings has alerted various consumer advocacy organizations in persuading the FDA to require the manufacturers of these testosterone supplements to issue a black box warning to help inform users of the potential health risks that they may experience when using the products.

Additionally, this is not the only medication that has been known to cause serious and life-threatening side effects to their consumers. As stated on the website of Williams Kherkher, users of Januvia (a prescription medication used by patients suffering from Type 2 diabetes) has also reported to have increased risks of getting pancreatitis or pancreatic duct metaplasia. These are both serious and life-threatening side effects that could be prevented through proper information. Because of this negligence on the part of the manufacturer, patients can file a lawsuit against them to cover for the injuries and damages that the prescription drug has caused. Just as with Januvia user,s those who have used testosterone supplements and have experience serious side effects have the right to sue for negligence.

The Effects of a Serious Accident

No matter how prepared are you to tackle the day safely and without incidents, accidents does happen. Workplace accidents, fire and explosions, car collisions, and many other accidents can lead to serious injuries that can be life-threatening. The worst part is that serious injuries tend to cause financial problems due to long-term medical treatment and missed work. Medical debt is becoming the top reasons for workers to file for bankruptcy.

Presently, nearly 44 million Americans have problems with paying back their medical bills, and for most the option to file for bankruptcy is a last but an unavoidable option. In this regard, the best way to resolve medical debt through bankruptcy would be by filing for Chapter 7. If you qualify for this type of bankruptcy, then it would be very much possible to lessen or even eliminate the need to pay back the medical debt.

Medical bills are considered non-priority unsecured debt under the Chapter 7 bankruptcy. Debts that are classified as unsecured debts are the ones that are not secured by a piece of property, and will not receive importance once the trustee (the court ordered person who will oversee as well as administer the bankruptcy case) is able to provide payments to the people you owe (your creditors). If you are paying for the medical debt and the discharge from the court has been given, the remaining debt will be cleared and you will not be required to pay for them. If medical debt is the main reason for you to file for bankruptcy, Chapter 7 would be the best option.

Medical debts often stem from long-term treatments due to serious injuries. Often these serious accidents are caused by recklessness or negligence of another person, which is why filing an injury lawsuit could provide necessary compensation for the damages that you have suffered. Getting compensation could help prevent you from filing for Chapter 7 bankruptcy, however, if the injury is severe or if significant enough that it will  affect the quality of life, then it could cause financial issues.