Posts by Paul


There are more than 15,000 nursing homes in the U.S. that shelter more than 1.5 million residents – elders, individuals who may be physically or mentally incapacitated, and those in need of rehabilitative therapy due to illness or accident.

To protect and uphold the interests of these residents, the Nursing Home Reform Act was enacted by the US Congress in 1987, mandating nursing homes participating in Medicare and Medicaid (or receiving Medicare and Medicaid funds) to “provide services and activities to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident in accordance with a written plan of care.”

The Act also states that “the resident has the right to be free from verbal, sexual, physical, and mental abuse, corporal punishment, and involuntary seclusion.”

It seems, however, that no kind of law would stop acts of abuse and neglect from being committed against residents of nursing homes because these inhumane acts continue to be committed every year. Though reported acts of abuse and neglect number to thousands, it is believed that so many more remain unreported, especially the more sensitive and humiliating cases, namely sexual abuses.

Acts of abuse and neglect do occur in nursing home facilities in the U.S. and the most common reasons why these acts happen include understaffed facilities, overworked personnel, very demanding needs of the residents and the defenselessness of the victims.

Federal nursing home regulations define abuse as any form of act that deliberately inflicts injury, deprives care or service, or results to intimidation, unreasonable confinement, or punishment resulting to physical harm and/or mental anguish. Neglect, on the other hand, is defined as failure to provide a resident with the necessary care and service which will ensure freedom from pain or harm, or a failure to assist a resident during potentially dangerous situation that can result harm or anxiety; neglect may by intentional or non-intentional.

Abuse and neglect of nursing home residents are crimes since these are directed against defenseless people whose care have been entrusted to those who promise to provide quality care and service. Thus, it is important that families of these residents are always sensitive to any sudden changes in their loved ones (during visits) as any unexplainable changes may just be manifestations that something is wrong. Contacting a highly-qualified nursing home abuse lawyer or personal injury lawyer immediately may be necessary for the possible legal actions the family may decide to take.

According to the law firm Mokaram & Associates, P.C., “Personal injury law is a wide branch of tort law that encompasses civil cases brought against other citizens. These cases typically arise when the negligence of one person causes injury to innocent party. This negligence can be created through action or inaction either directly or indirectly. Frequently these cases result in compensatory damages to assist with the injuries incurred.”

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Common Mistakes New Motorcyclists Make


Posted By on Feb 15, 2017

It is understandable that you are excited for your new motorcycle, but your excitement does not give you an excuse to disregard safety procedures and do reckless behaviors, especially because you are new to the art of motorcycle riding and you are still very vulnerable to common mistakes. Below are some of the common mistakes that new motorcyclists make, potentially leading them to accidents and injuries.

Not wearing protective gear

Motorcyclists are vulnerable motorists, as they are not enclosed with a chassis like car drivers. If you get into an accident, you will most likely absorb the collision force fully. The most effective way to minimize the threat of this force is to wear protective gear, such as helmets, jackets, jeans, gloves, boots, elbow pads, and knee pads. It can be hot outside when you wear these gears, but it is better to be hot than sorry.

Riding beyond their skill level

As a new motorcyclist, you have no idea what the threshold of your riding skill is. But it is fair to think that a beginner has very limited skills. Going beyond your skill level, such as going too fast, maneuvering too much, going on a long road trip alone, and taking a passenger with you even though you are not ready, may be very dangerous.

Thinking that riding is just the same as driving a car

Motorcycles and cars are essentially the same, as they are both modes of transport. But it doesn’t mean that they are the same in all aspects. Motorcycles have less traction on the pavement, so even small rocks and leaves can cause an accident. You can’t say the same for cars. Motorcyclists are also more vulnerable to legitimate road hazards, such as potholes.

Take note that these are just the most common mistakes, as there are other mistakes out there that are equally as dangerous, such as not focusing on the road, not looking before turning, not having a considerable distance from other motorists, and other errors while on the road.

According to the website of Ali Mokaram personal injury attorney, a negligent party who has caused injury to an innocent party may be taken to court because of a personal injury case. So, it is not just you who can suffer if you commit these mistakes. You can injure someone else, and worse, you can even be taken to court because of your behaviors.

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Fentanyl is an extremely powerful opioid painkiller that is 80 to 100 times stronger than morphine. It was approved by the U.S. Food and Drug Administration (FDA) for the treatment of late-stage breakthrough cancer pain in adults who are opioid tolerant or who have developed a tolerance for opioid medications as a result of long term treatment.

Cancer patients would definitely be familiar with some medications, like: Actiq, which is in lozenge form; Duragesic, which is in the form of a skin patch; Abstral, a sublingual tablet or a tablet that goes under the tongue; Fentora, a tablet that goes between the gum and cheek; and, Subsys, a sublingual spray.

Subsys, the most recent fentanyl-containing medication placed under legal spotlight, is manufactured, and was introduced in 2012, by drugmaker Insys Therapeutics, Inc. During the first half of 2015, this drug netted a $147.2 million profit for Insys, making it one of the biggest selling highly-addictive painkillers in the U.S. and around the world.

Use of Subsys, however, like all other fentanyl-containing drugs, poses great risk due to the possibility of abuse, misuse, addiction and overdose; using it on children can be fatal too. Due to the risks it presents, the FDA has Subsys mandated that it can only be prescribed (by healthcare professionals) and acquired (by patients) by enrolling in the Transmucosal Immediate-Release Fentanyl (TIRF) Risk Evaluation and Mitigation Strategy (REMS) Access program, a restricted program of the FDA.

It may be true that Subsys effectively and immediately controls breakthrough cancer pain; despite being effective, however, reports have surfaced which link this drug to about 203 deaths since it was introduced in 2012. This is besides the 52 Subsys-related deaths reported in the second quarter of 2015.

The risks, the deaths, plus allegations that Insys Therapeutics has illegally prescribed Subsys for off-label use (the major reason for the many cases of fatal overdose in individuals who are not suffering from cancer and, therefore, not opioid tolerant) has landed this drug in the “drugs of concern” list kept in the office of the U.S. Department of Health and Human Services’ Inspector General.

Patients who have been inappropriately prescribed with a powerful opioid medication, such as Subsys, can suffer serious and potentially fatal injuries, such as overdose. Seeking legal assistance from a highly-skilled Subsys spray attorney may be able to help the victim and/or his/her family pursue justice and the compensation he/she may be legally entitled to.

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No matter how smooth flowing your plumbing system is, it is still bound to encounter some problems occasionally. While you can do some plumbing works yourself, there are times when letting the professionals handle such kind of jobs is the best option. According to the website of American Leak Detection of Dallas, some leaks are hidden that it will require an expert to locate them. So when is the best time to dial a plumber?

  1. When the main line has stopped
    Repairing the main line of your plumbing system entails the use of special equipment which only plumbing companies have.
  2. When there are leaks in your walls, basements, or bathrooms
    When water damage creeps in along your ceiling, walls, or floors, there might be a leaky interior pipe. These types of damage can lead to a more serious problem. So before it gets worse, call a plumber to locate, fix, or replace the leak.
  3. Your shower valve needs to be replaced
    Choosing the right shower valve can be complex and time consuming if you do not have the experience. A professional plumber has the skill in changing the valve with minimal damage to your walls.
  4. Slow or Totally Clogged Drains
    Slow or completely clogged drains can lead to serious problems. Attempting to find the cause of the problem yourself is a recipe for disaster. A plumber has the training, skill, and equipment for removing clogs without damaging your pipes.

Do-it-yourself plumbing can indeed save you plumbing repairs expenses. However, it can become a huge problem if you attempt to do the plumbing project yourself. By letting the professionals do their jobs, you can have some peace of mind when it comes to leaks and other plumbing-related issues. What’s a hundred bucks compared to having leak issues here and there.

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Commercial DUIs and Trucking Accidents


Posted By on May 17, 2016

As instituted by the Federal Motor Carrier Safety Administration (FMCSA), those who carry a commercial driver’s license (CDL) are held at a higher regard than those who have non-commercial driving licenses when it comes to driving under the influence. This is because regardless of what they are driving, commercial drivers present a serious danger to the safety of the public as well as become a major liability to their respective employers.

The majority of states in America has taken up the strict FMCSA regulations regarding alcohol levels for commercial drivers. Set at half the blood-alcohol concentration limit of non-commercial drivers, commercial drivers should have less than .04 percent BAC limit. Furthermore, those who have consumed alcohol are not allowed to drive a vehicle within 4 hours after they have consumed alcohol. This is to ensure that they will not be a risk on the road and prevent any road accidents.

The effects of being charged with commercial DUI can be extensive. According to Ausband & Dumont, aside from being subjected to the same procedures as non-commercial drivers, those who have been charged with commercial DUI can face a lengthy license suspension. This could lead to loss of employment and financial struggles for the driven and their family. Additionally, those who have been convicted of DUI (regardless of whether he was on duty or not at that time) has to inform their employer about the court’s decision and their license suspension or revocation. The employer should prevent the CDL-driver from operating until the end of their license restriction. This often makes re-employment very difficult for the driver because the DUI conviction is already on their records.

There are many ways with which a commercial driver will be required to take a random alcohol test, such as a when there is viable suspicion, after an accident, or as part of the requirements to return from work after a suspension. FMCSA additionally requires drug testing as part of a condition for employment, after an accident, when there is feasible suspicion, and as a prerequisite to go back to work. Refusing to submit to any of these tests can lead to a more severe penalty, and could lead to a guilty plead for DUI according to FMCSA rules.

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