Nursing home personnel have a duty of care to its residents. When this duty is breached, the family of the neglected elderly has the right to sue the facility for not providing the appropriate standard of care. Differentiating it from nursing home abuse, negligence refers to the breach of duty or form of sub-standard care which results in harm to the patient. Given their age and state of strength, senior citizens are more prone to negligent care.
Chicago nursing home abuse attorneys will tell you that failure to provide adequate care needed to avoid physical harm, mental anguish, or mental illness is tantamount to negligence or neglect. While they vary depending on the individual, negligence in nursing homes can be of four types:
Emotional abuse is much more difficult to detect than physical neglect. Humiliation, intimidation, terrorizing, or ridiculing the elderly is an example of emotional abuse. It is also known as psychological abuse and can be verbal or non-verbal. Signs of emotional abuse include low self-esteem, lack of eye contact, sudden mood swings, and change in sleeping patterns.
Physical abuse refers to the use of violence or force resulting to bodily harm, pain, injury, or other forms of impairment to the victim. Symptoms of physical abuse may include unexplainable wounds, bite marks, cuts, scratches, burn marks, welts, sores, bruises or visible discolorations on any part of the body.
Personal Hygiene Neglect
When an elderly resident of the facility is denied adequate help with laundry, cleaning, bathing, brushing their teeth, or other hygienic practices, the nursing home is guilty of personal hygiene neglect.
Medical neglect takes place when the facility fails to provide adequate attention, prevention, or medication for concerns such as bed sores, infections, cuts, diabetes, or mobility problems.
Detecting the signs of nursing home negligence can be really challenging. It is important for an elderly to be constantly in contact with their families in order to open up about these abuses.
- Having manufactured a dangerous drug;
- Selling Taxotere without properly testing it;
- Selling Taxotere without disclosing its damaging risks;
- Failing to determine whether Taxotere was safe;
- Failing to properly warn patients and health care providers about Taxotere’s damaging effects;
- Misleading the public in advertising and marketing Taxotere;
- Concealing information from the public; and,
- Downplaying the dangers associated with Taxotere.
The list above itemizes the several legal actions claimed in lawsuits filed against Sanofi-Aventis, the manufacturers of the popular intravenous chemotherapy drug Taxotere.
Taxotere (Generic name: Docetaxel) is an intravenous chemotherapy drug that is acknowledged as capable of improving life expectancy and overall life quality. It is manufactured and marketed by Sanofi-Aventis and was approved by the U.S. Food and Drug Administration in 1996 for breast cancer treatment. It has also been approved for the treatment of a variety of cancers including non-small cell lung cancer, prostate cancer, gastric cancer, and head and neck cancer.
The main difference Taxotere has with other chemotherapy drugs, including those in its own class (class of chemotherapy drugs called plant alkaloids), like Paclitaxel, which is said to be as effective as Taxotere, is its damaging effect: permanent alopecia or permanent hair loss (a significant number of women, though, complained of alopecia universalis or total hair loss on the scalp and body (this means loss of eyebrows and eyelashes, and hair growth under arms and around the genital area).
According to the law firm Williams Kherkher, Sanofi-Aventis knew about this side-effect as early as the 1990s through a study. In 2005, patients outside of the U.S. were warned about this side effect; however, patients in the U.S. were warned of this only in December of 2015, after the (FDA) mandated them to do so.
Permanent hair loss consistently appeared in various studies as one of the most stressful side effects of cancer treatment. It has profoundly impacted affected patients’ well-being and quality of life – a serious damaging condition Sanofi-Aventis will have to answer for.
Given the difficulty of applying for a visa in the United States, people will look for any channel that is available in order to successfully work and live in the country. One of the easiest and fastest ways they can become an American citizen is through an EB-5 visa.
In order to qualify for an EB-5 visa, you need to meet certain requirements which could include the following:
1. Investment Amount
An EB-5 visa applicant will usually be required to investment a minimum of $500,000 or $1 million. It can come in the form of cash, inventory, equipment, secured indebtedness, tangible property, or cash equivalents which is valued on the fair market value. $500,000 is invested if the business is located in a targeted employment area (TEA). To qualify as a TEA, the project must be done in a rural area or territory with high unemployment. Otherwise, the amount of investment will be $1 million.
2. Job Creation
For EB-5 , the required number of jobs that should be generated should be 10 full-time jobs for U.S. employees. The jobs should be created within two years after the investor has been granted their conditional permanent residency. In some cases, they must show that their investment resulted to job generation directly within the commercial entity that received the investment.
3. Business Entities
Applicants for an EB-5 visa must directly invest in a commercial enterprise or in a regional center. Older businesses can be qualifiesd as long as the investment can generate a 40-percent increase in the number of employees or net worth. Investing on a regional center-run project offers more benefits than investing in a new business since you do not have to set-up the project.
When applying for an EB-5 visa, you will need to file two petitions with the United States Citizenship and Immigration Services (USCIS). The I-526 petition should include the following:
- Proof that the source of funds comes from a legitimate source
- Evidence that the accumulated wealth is enough for an EB-5 investment
- Proof of fund transfer to the Regional Center’s escrow or project account
- Copies of passports for every family member on the petition
- Documents related to the education and employment background of the petitioner
- Birth and marriage certificates for all members of the family
- Additional information required on a case-by-case basis
Next, the applicant will file a separate I-829 petition which should include the following:
- Proof of investment amount
- Evidence that the funds were invested in the project and “at-risk” at the time the I-829 was filed
- The commercial entity created or is expected to generate at least 10 full-time jobs
- Once the I-829 petition is approved, the investor and their family members will get their green cards.
An EB-5 visa allows an investor to easily apply and get approved for a US green card.
As a result of its job of controlling the complete human body, the brain is, hence, regarded, as the human body’s most important part. Any force or blow, therefore that’ll influence the brain and harm it may affect how it functions which, consequently, may change the way the human body as a whole operates.
An explosion or a blast, an automobile wreck, or a diversion- related activity or injury, that could cause a strong blow to the head may make his/her brain bump against the skull’s internal walls. This can cause bruising of the brain, neural fibers getting ripped or hemorrhage which, consequently, can lead to an intracranial injury or traumatic brain injury (TBI).
According to the website of Habush Habush & Rottier S.C., you will find times when the symptoms and indications of TBI are perhaps not instantly clear after a collision. Gradually these symptoms may show themselves, yet, through neck pains, constant headaches, changes in sleep routine, slowed thinking, discussing, acting or studying, moodiness and vertigo. When symptoms, however, will contain continued vomiting, tingling or convulsion of the limbs and slurred speech, then it best that the individual is delivered to the hospital for treatment and the mandatory evaluations.
A brain injury could be a serious form of injury, consequences varying depending on the region or the specific part of the brain that has been affected. While some harms could be light, resulting merely to lost or short term headaches states, a serious head injury can lead to death, impairment, amnesia or, worse, coma.
According to the Centers for Disease Control and Prevention (CDC), a brain injury (TBI) may also be caused by: a smashed part of skull infiltrating the brain’s cells; the brain hitting a solid object (including pavement) throughout a bicycle accident; a gunshot wound in the head; and, falls, which is extremely common in children and seniors.
Cruise ship vacations are becoming exceedingly popular among tourists in the last recent years. More and more people prefer this particular method of travelling because it can provide plenty of enjoyable experiences. Vacationing on a cruise ship gives passengers access to luxurious accommodations while being transported across various locales. While enjoying the open sea, they also get to experience the different activities available to them on board. Plenty of cruise lines offer amenities such as restaurants, water parks, spas, and casinos to ensure that passengers have the best time while they travel to their destinations.
While cruise ships are definitely among the most attractive travel options available to tourists, there are still considerable concerns that passengers should be made aware of. As with any mode of transportation, there are certain risks involved in travelling by cruise ship. The website of the Vucci Law Group cruise ship lawyers delineates common accidents and injuries that passengers could face while on board a ship. Incidents such as slip and fall accidents, food poisoning, norovirus outbreaks, and accidents involving water slides, wave pools, and swimming pools are just some of the dangers that passengers should take note of. The threat of physical and sexual assault due to negligent security is another cause of concern, as well as fires caused by defective equipment and facilities.
Passengers who fall victim to these accidents can suffer from a variety of injuries. Some of these injuries can be severe and cause victims to deal with lifelong consequences. The worst on board accidents on a cruise ship can result in head trauma and spinal cord damage, leading to the possibility of temporary or permanent disability.
In this light, many legal experts assert that cruise lines should be vigilant in taking necessary precautions to ensure the safety of their passengers. It’s not enough that these lines provide state of the art facilities and luxurious accommodations, they should also be aware of their responsibility for the thousands of people on board their ship looking forward to an enjoyable time.