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Most Common Signs of Nursing Home Abuse

It can be one of the hardest decisions to make: to have to put a beloved relative into a nursing home. However, with the kind of financial situation that an average American household has and the kind of lifestyle most working adults with families have, sometimes a nursing home is the best option an elderly person. After all, it is in a nursing home where your loved ones can be properly taken care of with all the attention that they medically and emotionally require. However, when you are checking in your relative into a nursing home, there are some things that you might want to watch out for. Each elderly person in a nursing home has his or her own rights that need to be upheld. There is a certain standard of care that a nursing home needs to abide by in order to continue their practice. More of these rights can be read more about on this website. For example, each individual patient must have individualized care. After all, not every elderly person will have the same exact bodily conditions as someone else and they will need their own specific kind of care and the nursing home in question needs to be able to provide not only appropriate facilities for that care but also staff who are learned in the ways of caring for elderly folk. Some common signs of abuse in nursing homes that you can spot are in the reactions of the patients within the nursing home. Do they seem strangely quiet and submissive to commands from the people who are supposed to be taking care of them? Do they flinch or cringe at physical contact, when they hadn’t done this before they were admitted? These could be signs of abuse in a nursing home. Another sign is if there is a particular place in the...
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Modified Comparative Negligence at Work

They say that it takes two to tango. This is true when it comes to personal injury, because there needs to be at least two parties involved: the tortfeasor (the doer of a wrongful act) and the victim. Another crucial factor in a tort case is the element of fault. One party (presumably the tortfeasor) is the proximate cause of the adverse event that led to harm to the victim. However, assigning fault also takes into account if the victim took reasonable measures to ensure his or her own safety. One of the most common defenses by a tortfeasor in a personal injury claim is that the victim was partly or solely at fault for what happened. For example, if a car traveling beyond the posted speed limit struck a jaywalking pedestrian, a jury may find the pedestrian partly at fault for the accident. This defense is a reasonable, and in some states that follow the pure contributory negligence doctrine, this can bar the pedestrian (victim) from getting compensation. In Atlanta, however, there is something called modified comparative negligence at work. Under the pure comparative negligence doctrine, the victim (plaintiff) can sue the defendant for compensation even if the victim was mostly (up to 99%) at fault, and the award is merely reduced by what the jury finds to be the percentage of fault of the plaintiff. An Atlanta lawyer would explain that modified comparative negligence in the whole of the state of Georgia means that if the plaintiff is equal or less than 50% (51% in other states) at fault, the plaintiff can still sue for damages, but the award is reduced by the percentage of fault assigned to the plaintiff. So, taking the above example, if the jury finds the pedestrian is 30% at fault, and awards damages of $100,000, the plaintiff gets...
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Personal Injury: Traumatic Brain Injury

Due to its task of controlling the whole body, the human brain is, thus, considered, as the human body’s most important organ. Any force or blow, therefore that will impact the brain and damage it can affect the way it functions which, in turn, will affect the way the whole body operates. An explosion or a blast, a car accident, or a recreation-related or sport accident, that would cause a forceful blow or jolt to one’s head can make his/her brain bump against the skull’s internal wall. This can cause bruising of the brain, nerve fibers getting torn or bleeding which, in turn, can result to an intracranial injury or traumatic brain injury (TBI). According to the Centers for Disease Control and Prevention (CDC), a traumatic brain injury (TBI) may also be caused by: a shattered piece of skull penetrating the brain’s tissues; the head hitting a solid object (such as pavement) during a bicycle accident; a gunshot wound in the head; and, falls, which is very common in children and senior citizens. A traumatic brain injury can be a serious type of injury, with the effects of which depending on the specific part or area of the brain that has been affected. While some injuries may be mild, resulting only to short term headaches or confused states, a severe head injury can lead to coma, disability, amnesia or, worse, death. There are times when the symptoms and signs of TBI are not immediately evident after an accident. Slowly these symptoms will manifest themselves, however, through neck pains, persistent headaches, changes in sleep pattern, slowed thinking, speaking, reading or acting, dizziness and moodiness, and so forth. When symptoms, however, will include repeated vomiting, numbness or weakness of the limbs, convulsion and slurred speech, then it best that the individual be brought to the hospital for the necessary tests and...
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