Nursing Home Abuse cannot and should not be Tolerated

In May 2014 the total number of certified nursing home facilities in the U.S. was a little above 15,000, while the number of residents was about 1.5 million. Though thousands of nursing homes existed all across the U.S., many families are hesitant to send their love one to one due to news of widespread cases of neglect and abuse which cause in residents physical injuries, humiliation, emotional trauma, self-pity, hatred, despair, etc.

The most prevalent cases of abuse and neglect in nursing home facilities include, but are not limited to:

Lack of proper care. Bedridden patients and those who spend many hours in wheelchairs are the most often victims of this type of neglect. Being unable to move, a patient can develop bedsores and other ailments if not re-positioned after from time to time.

Failure to properly manage medication. Improper medication management can be potentially fatal for some patients. Some of the ways through which this type of neglect can be committed include: ignoring medication orders; incorrect time, duration, or rate of elder medication administration; incorrect medical product, strength of product, or form of product; medication overdose; and medication dose omission or under dose.

Malnutrition: Failure to provide meals or meals that have the right amount of nutrients.

Isolation: This happens when a patient is forgotten or purposely left alone by restraining him/her, isolating him/her from others or by keeping others away from him/her.

Dehydration: This happens due to failure to ensure proper liquid intake.

Three major contributory factors to acts of negligence and abuses in nursing homes are understaffing, negligent hiring and failure to provide those hired with adequate training about nursing home care. Despite total awareness (by nursing home facility administrators) of these contributory factors, more than 90% of nursing homes in the U.S. remain to be understaffed, those with criminal records continue to be hired, and many of those hired are not given any training at all.

In its website, the law firm Habush Habush & Rottier S.C. ® says “Nursing homes are meant to provide individuals with a safe, supportive environment in which they can live happily and comfortably. Unfortunately, residents of nursing homes sometimes suffer abuse at the hands of staff and/or as a result of management policies. Although nursing home abuse can take many different forms, the challenges that elderly residents may face as a result of any type of abuse can be devastating.

In their website, Chicago personal injury attorneys of Karlin, Fleisher & Falkenberg strongly emphasize the right of families to expect the nursing home facility, where they entrusted the care of their loved ones, to treat their loved ones with dignity and compassion throughout the duration of their stay there.

Nursing home abuse cannot and should not be tolerated. Fortunately, by taking legal action, families can hold the party responsible for this kind of deplorable treatment financially accountable for their actions and seek justice for their loved ones.

Factors Leading to Juvenile Delinquency: Things You Should Make Sure Your Child do not Fall into

More than 70 million children and teenagers (below 18 years old) presently populate the US, comprising more than one fourth of the nation’s total population. Like many of today’s adults, many of these young people have acted recklessly before; they have engaged in different risky activities that definitely warrant either counseling or disciplinary actions. As recorded by the Office of Juvenile Justice and Delinquency Prevention (OJJDP), these activities include drinking and getting drunk, driving while intoxicated, carrying a weapon, attempting suicide and engaging in sexual intercourse.

Though OJJDP research shows a downward trend in the number of juvenile crime in the U.S. since the early 90s, the number is still more than a million. In fact, about 1.5 million juveniles get arrested annually for criminal activities that include shoplifting, vandalism and damage to property, murder and many others.

Identified reasons why these young people engage in criminal activities, include:

  • To test the limits of parents and/or society
  • Lack or leniency of rules and lack of supervision
    Substance abuse
  • The kind of environment they are or were exposed to
  • The poverty level of the family they belong to
  • Relationships (which can lead to gangs) developed inside or outside the school
  • Peer pressure

Gangs are definitely major factors to juvenile crimes and, with at least 700,000 youths belonging to street gangs, there can be as many who are pressured and driven to commit offenses. Besides identifying the reasons behind the crimes, the OJJDP also gives the following information:

  • Boys, more than girls, are prone to becoming juvenile delinquents. This can be due to the “male phenomenon,” which states that boys commit more crimes compared to girls since they are supposed to be more aggressive and as proof of their masculinity.
  • Juvenile crimes are committed during and after school hours, specifically between 3 and 7 p.m. (crimes committed by adults usually peak from 8 p.m. to 12 midnight).

Crimes, whether committed by youth or adults, are serious, thus these need full attention from authorities. Oftentimes adolescents act irresponsibly without fully understanding the consequences of their acts. As explained by the Law Offices of Mark T. Lassiter, “Being convicted of any criminal offense can have long-lasting effects on any individual’s life, but juveniles face very unique circumstances if they are accused of committing a crime. Being convicted of a juvenile offense has the potential to result in a number of court-ordered penalties that can have an effect on every aspect of a young person’s life, and can continue to affect them for years to come.”

According to Dallas criminal defense lawyers of the Law Offices of Mark T. Lassiter, “There are a variety of criminal offenses that youths may find themselves accused of, and these range significantly in the severity of the crime and any punishments associated with a conviction. However, a conviction of any criminal charge, no matter how seemingly minor, can have dramatic effects on a young person’s life and as such, it is important to have experienced legal defense when facing the following charges:

  • Drunk Driving
  • Minor in Possession (MIP)
  • Minor in Consumption (MIC)
  • Public Intoxication (PI)
  • Traffic Violations
  • Sexual Assault
  • Property Damage / Vandalism
  • Theft / Shoplifting
  • Drug Offenses

Some families make the mistake of not fighting criminal charges, and instead paying a fine for their child’s crimes, hoping that these offenses will be forgotten in time. This mistake is a significant one,
as far too often these offenses are not forgotten or overlooked, but rather continue to affect an individual well into their adult years.”

How to Determine if the Job Applicant You will Hire Possesses the Ability to Perform the Job

While it is reasonable for employers to want and demand a productive and profitable workforce, employees, on their part, deserve and have a right to a safe workplace. But how can an employer know if the job applicant he/she will hire possesses the skills and ability that will render him/her effective and productive?

Before a job offer is made, an employer can ask an applicant about his/her ability to perform job functions or to describe or demonstrate how he/she would perform job tasks; questions can even include an applicant’s qualifications so long as these questions are not disability-related as these would violate the stipulations of the Americans with Disabilities Act of 1990 (the ADA).

Only after an applicant has been given a conditional job offer can an employer ask disability-related questions and require medical examinations, but, again, this is allowed only if the same process is required of all applicants in the job category. These questions or tests are called Post Offer Employment Testing or Post Employment Testing. The medical exams, in particular, are designed to reveal any type or form of impairment an applicant has; more than determine an applicant’s ability to perform a task, it measures an applicant’s physiological responses to performing job tasks. Post-employment testing usually includes fit-for-duty testing, functional capacity evaluations and sincerity-of-effort testing.

According to a job analysis expert, “The foundation of an effective, legally-compliant functional testing program is a job analysis that accurately measures the actual requirements of the job in a fair and reliable way. Functional employment testing that assesses a candidate’s ability to perform the actual physical demands of the position, calibrated to the precise weights and measurements that are required of the job, is the most effective predictor of a candidate’s physical ability to perform those essential functions.”

Functional employment testing given by employment testing firms is job-specific, with the functional tasks created from precise data that is collected via an onsite, job analysis that conforms with the EEOC’s Uniform Guidelines for Employee Selection. Employers who seek the services of employment testing firms can be confident that their new-hire candidates will be tested to the actual physical requirements of the job – safely matching a worker to the positions for which he/she is being hired, reducing injuries, thus, reducing the cost and incidence workers’ compensation claims in the process.

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