Medication errors are a common problem in nursing homes and assisted living facilities. These errors are investigated by the state when they’re reported, and state inspectors must identify a medication error rate for each facility with reports of medication errors.

The facility must have a certain rate of low medication errors, and if they don’t, they need to then create a plan and prove they can better their error rate, which is long and tedious. That percent is below 5%. If it goes higher, nursing homes must go through tedious planning to show the state they can lower the med. error rate.

What is a Medication Error?

Medication errors are inevitable, which is why your nursing home can have 5% of medication errors. But anymore than that can show neglect because medications are incredibly important to the wellbeing and health of senior patients. Otherwise, they’d not be on said medications.

When a dose of a medication, or the medication type, differs from what a physician prescribed, then it is considered a medical error. Sometimes medication must be taken at very specific times, or falls below physician standards in some other way.

How Are Meds Given in a Nursing Home?

Most nursing home facilities give medication at a “med pass”. This is a time of day when the medication for the entire nursing home is dispensed at one time, to the residents, according to a pre-chosen order that the staff have created. A nurse typically goes to each resident with a cart where she presents them with their meds, watches them take their meds, and ensures it’s up to par with physician standards.

Med passes can only be carried out by licensed nurses. Sometimes, dependent upon the state, staff members can provide meds as long as a licensed nurse oversees them. Med passes can take up to 5 hours to complete, because the medication has to be organized beforehand, and documentation must be provided to show that the right meds were distributed.

Examples of Med Errors

There are many ways that medication errors can happen in a nursing home and some of those are:

• Slicing a pill that was not meant to be sliced.
• Cutting a pill that should not be split.
• Crushing a pill that should not be crushed.
• Not giving liquids to take medications with.
• Provide no antacids with medication.
• Provide no food with medication.
• Failing to mix, shake or roll the medication.
• Giving medications with enteral nutritional formulas.
• Eye drops were given wrong.
• The resident was not supposed to swallow the medication in question.

Some pills, such as capsules, are not meant to be taken, crushed or sliced or cut. It can cause the medication not to work as effectively. Sometimes medications have an amount of liquid that the resident must take, or food that the resident must have, and not providing that can cause the resident’s medication not to work as it should.

Medication can even be given while expired, which can cause issues in and of itself. If your loved one is in a New Jersey nursing home and you find out that they’re receiving medications in a manner that they should not be, that may be abuse. You may want to seek a nursing home abuse lawyer such as the ones available at Davis & Brusca, LLC. An experienced lawyer that deals with nursing home medication errors may be able to help you seek compensation for your loved one.

It’s a term you may hear about in the news, but most people know very little about “white collar crime.”  Here are a few facts that may be helpful should you or someone you know be impacted by one of these crimes.

What is white-collar crime? 

The phrase originated in the 1930s by a sociologist who used it to describe offenses committed by “persons of respectability.” Today, the term is used to describe illegal acts that use deception to secure financial gain. Some people define them as “paper” crimes that are committed in the workplace. In most cases, these are non-violent crimes.

Why are they called white-collar crimes?

Most of these crimes are committed by people and organizations in the business world (e.g., a bank loan officer, a company’s financial officers or others) who have access to large sums of money. The FBI estimates that white-collar crimes cost U.S. citizens about $300 billion annually.

What are examples of white-collar crimes?

The most common kinds of white-collar crime are fraud, embezzlement, securities fraud (like insider trading), tax evasion, money laundering, bribery, counterfeiting, credit-card fraud, insurance fraud, antitrust violations, identify theft and other cybercrimes.

Who prosecutes white-collar crimes?

Many of these offenses can be state or federal crimes. Since they often involve prolonged investigations that cross state and/or international boundaries, the federal government, in the form of the FBI, is often called upon to take the lead in investigating and prosecuting these crimes. Although individuals are most often charged, the federal government has authority to charge corporations, as well.

Are defendants in white-collar crimes treated differently than other crimes?

While the courts try to treat all defendants relatively equally, the penalties for those found guilty of white-collar crimes often include fines; home detention; paying the prosecution’s costs; restitution (reimbursing the victim’s monetary costs); forfeiture (forfeiting assets used in the crime, such as a car plus money used in the commission of the crime); etc.

What is the Responsible Corporate Officer (RCO) doctrine?

The RCO doctrine says prosecutors can presume that high-ranking corporate officers are aware of the corporation’s activities, including its crimes. That means a corporate officer can be charged with a crime at his/her company, regardless of whether he/she knew about the criminal activity.

Do I need a lawyer if I’m caught up in white-collar charges?

Defendants facing such serious charges should consider seeking advice from someone like a white-collar crime lawyer, who can help them assess all their options. Or a certified crime specialist like those at The Morales Law Firm could help answer your questions.

What happens to a person after they get into some type of accident or if they get a traumatic brain injury? How do they continue to make difficult financial decisions or decisions relating to estate planning and wills? Unfortunately, after a traumatic brain injury or other severe injuries, many are left incapacitated to the point where they are unable to make these decisions, and it is not something a sibling or parent can always step in to help with. When this happens, a court appoints a conservator for the job.

If your loved one was recently incapacitated and you are unsure of the next steps for retaining a conservator, contacting a conservatorships lawyer from a law firm like Yee Law Group, PC could be the assistance you need to help walk you through the process of retaining a conservator, what they do, and general information on them.

What Type Of Conservator Do I Need?

Depending on the type of damage your loved one sustained, or the degree to which the accident incapacitated you, a conservator can come in two types:

• Conservator of the Estate. This person will oversee financial decisions.
• Conservator of the Person. This person will oversee personal decisions and medical decisions.

Benefits of a Conservator

When your loved one can no longer make decisions, having a conservator can be extremely beneficial. While it may seem like an intrusion of privacy to have someone look through detailed records of your loved one’s financial state, a court appoints conservators who have undergone a screening process to ensure they do not mismanage your loved one’s property. Additionally, before a conservator can make any large changes, a court will typically require them to get approval. This could include taking the loved one off life support or buying and selling real estate property.

Drawbacks of a Conservator

While conservators can offer many benefits to your loved one after an accident or illness incapacitates them, they can require time from family members and can become very expensive. A conservator will usually be paid out of the conservatee’s assets. And, unfortunately, while safeguards are in place and conservators have undergone a lengthy background check, mismanagement of a conservatee’s assets can still happen.

When Does a Conservatorship End?

There are multiple ways that a conservatorship ends. This typically happens when:

• The conservatee does not need this extreme level of care and assistance anymore.
• The conservatee passes away.
• The conservatee’s financial assets are completely used up and the conservator is no longer needed.
• The family or the conservatee is unhappy with a person in the role of the conservator and goes to court to terminate that relationship.

Further Legal Assistance

Having the right conservator for your loved one is important, and if you are unhappy with the one your loved one has, or if you are in the process of getting one, you may have many legal questions. That is why it is important to discuss your family’s options with a lawyer today.

Many people see jury duty as a burden, but it is a crucial part of the justice system. In a civil case, a jury is typically composed of several individuals who listen to the evidence presented by both sides. After reviewing the facts, they decide whether the defendant should be held accountable for damages caused to the plaintiff and, if so, how much compensation should be awarded. The jury considers evidence such as the severity of the injuries, medical expenses, lost wages due to the accident, and the pain and suffering endured. Their responsibility is significant, as their decision directly impacts the lives of both parties. For this reason, it is essential that the information presented is factual and complete. However, some details are intentionally withheld from jurors in personal injury cases.

Information Withheld from a Jury

One of the most important pieces of information kept from jurors is whether the defendant has insurance coverage. After an automobile accident, the injured party can file a lawsuit against the driver who caused the collision. In practice, though, the defense is typically handled by an attorney hired by the at-fault driver’s insurance company. During the trial, the plaintiff sues the defendant directly, but jurors are not allowed to know if there is insurance coverage, the type of coverage, or the policy limits.

This rule exists to prevent bias. Jurors often feel more empathy toward individuals than large companies. If jurors were told that an insurance policy would cover the damages, they might be more likely to award higher compensation to the plaintiff, which could unfairly influence the outcome.

Traffic and Accident History

Jurors are also shielded from knowing the traffic or accident history of the defendant. They will not be informed if the defendant received a ticket for the incident or has been involved in other crashes in the past. On the other hand, defense attorneys often attempt to introduce information about the plaintiff’s prior accidents. This is a common tactic used to argue that the plaintiff’s current injuries may have been caused by earlier incidents rather than the accident in question.

When Damages Exceed Insurance Coverage

In some cases, the damages awarded by a jury may exceed the amount of available insurance coverage. When this happens, the at-fault driver may be held personally responsible for the portion that goes beyond the insurance policy limits. In certain situations, the insurance company may also be held liable for these excess damages if it is proven that the insurer acted in bad faith.

The Importance of Legal Guidance

An experienced personal injury attorney can anticipate how a jury may view a case and develop a strategy to maximize the chances of fair compensation. If you are involved in an automobile accident, consulting with a knowledgeable lawyer is crucial to protecting your rights and ensuring that you pursue the full compensation you deserve.

Motorcyclists have differing views on helmets. Some people love to feel the wind in their hair and refuse to wear a helmet. The CDC recommends that anyone on a motorcycle needs to wear a helmet, but there is no nationwide standard for helmets.

Where You Ride Matters 

States have created their own laws about wearing a helmet. Generally, helmet laws fall under these categories:

• Required for everyone, both drivers and passengers (19 states and Washington D.C.)
• Required for under 21 years old
• Required for anyone under 18
• Not required (New Hampshire, Iowa, and Illinois)

In addition, some states require a certain amount of insurance if you choose to ride helmetless. Texas, for instance, requires the driver provide coverage of a personal health insurance plan. You should know the law where you’re driving to be prepared. If you leave Illinois to ride in Michigan, only the riders under 21 years old need a helmet. If you go to Missouri, any rider under the age of 26 needs a helmet. You should also make sure that your helmet meets DOT regulations for protection if you are required to have one while riding.

What If You’re Not Wearing a Helmet and Get Into an Accident?  

You can legally not wear a helmet, but it could impact your claim if you do get in an accident. Motorcycle accidents typically have more injuries and larger claims because of the lack of protection during the accident. Motorcyclists don’t have the metal protection of a car to prevent their head from hitting the pavement. In a motorcycle accident, if you aren’t using protective gear, you could be assumed to be partially at-fault for your injuries. The insurance company or court (if your case goes to a lawsuit) could determine that not wearing a helmet led to more injuries, which would reduce your claim. There are a lot of variables. It’s not always cut and dried.

Do You Have a Claim if You Weren’t Wearing a Helmet? 

Every motorcycle accident is different. You may still have a claim, even if you weren’t wearing a helmet, either legally or not. It depends on your state’s laws about fault, the helmet laws where you were riding and the injuries you sustained. It can be a complex situation, but you shouldn’t just discount your claim if you weren’t wearing a helmet. You should talk to a lawyer, like a motorcycle accident lawyer from about your case to determine the best steps to take in your situation.

Knowing the steps to take when considering blowing the whistle on your employer can seem like a daunting process. Although every company should have a supportive culture that allows for whistleblowers to come forward to report wrongdoings, this may not always be the case. Unfortunately, the fear of retaliation is a real concern considering that it’s not uncommon for whistleblowers to face job loss retaliation as a result. Whistleblowers should cautiously move forward through the process when taking action. Here are some steps that may shed light on what you should do next should you bear witness to illegal acts carried out by your employer:

Step #1 Consider Coming Forward

Carefully take stock of the situation you have found yourself in to determine if coming forward is the best course of action. It’s best to approach the process with no hidden agenda on your part. You will want to determine whether you should first speak with your employer and how you will communicate the problem to them. 

Step #2 Hire a Whistleblower Attorney

Retaining legal counsel from an attorney who represents whistleblowers will be key in guiding you through the process. It’s important to make sure that you hire an attorney who has experience in managing these types of cases, they will give you the best chance at effectively moving forward. If you are unsure of whether you need an attorney, at least take the time to speak with one first. They will have the ability to provide you with the support and guidance you may need when managing what may be a fueled process. 

Step #3 Be Able to Support Your Claim

Evidence is a key factor when blowing the whistle. You will need to be able to back up your claim with proof. The evidence you provide will play a role in potentially exposing the illegal activity of your employer. It’s important that you are able to gather this effectively and include as much detail as possible. Viable evidence that may support your claim may include:

• Records
• Email Exchanges
• Documentation
• Photographs
• Videos

Although these types of evidence are key, it’s important to tread lightly. Laws can vary regarding the recording of conversations. Additionally, removing confidential documents from the workplace may leave a whistleblower legally unprotected. It’s important to know workplace policies prior to doing so in addition to consulting with your attorney during this process. 

Step #4 Disclosure Statements

With the help of your attorney, a complaint will need to be filed with the courts and the federal government. The disclosure statement will provide details to the misconduct or illegal activity that is suspected. 

Step #5 Expect Blowback

Although in some cases your identity may be kept secret, there are no guarantees that your employer may not figure out that you have taken action against them. It’s important that you prepare yourself for the consequences and carefully consider what this may mean for you. In some cases, it may be advisable to begin the process of finding a new job. 

Contact an Attorney

Making the decision to expose your employer for their wrongdoings can be a difficult step to take. In many cases, whistleblowers considering whether they should come forward can be wrought with anxiety and fear for what repercussions they stand to face as a result. The last thing any person wants is to see their efforts blow up in a way that leaves them unprotected and seriously impacted. Mapping out a plan of action with a lawyer, like a whistleblower retaliation claim lawyer in Washington, DC from Eric Siegel Law, can help to soften the blow and protect your rights along the way.

A good federal employee lawyer is sometimes called into a case by disabled federal workers who have experienced discrimination in the workplace. It is not uncommon for workers to suffer unfair work practices such as unjustified reprimands and blocks on promotions. Lawyers often represent fellow community members who have suffered discrimination due to their disability. If this describes your situation, we encourage you to contact a good federal employee lawyer for a free consultation. He or she may be able to help you get the justice you deserve.

The Rights of Disabled Federal Workers

As a federal employee lawyer may tell you, discrimination on the basis of a person having a disability is illegal in light of the 2008 Americans with Disabilities Act (ADA) Amendment and the 1973 Rehabilitation Act. The ADA considers a person to have a disability if they are mentally or physically impaired in one or more ways that affects their life activities or is someone with a record of disability or is considered to have a disability in the workplace.

Federal workers may be discriminated against because of their disability if they are treated differently than other workers who are not disabled in the following ways:

• Termination
• Recruitment
• Hiring
• Training
• Salary or hourly pay
• Job assignment
• Promotions
• Leave approval
• Layoffs
• Benefits package

Reasonable Accommodations

Employers, including federal employers, are required by law to provide reasonable accommodations for employees who are disabled in support of them being able to perform their job. Your federal employee lawyer can review your circumstances and determine what aspects of your workplace should have been modified, and other accommodations that should have been made on your behalf. After the review it should be evident if your employer failed to uphold their responsibility and if they did not, you may be eligible to receive financial compensation.

Disability Discrimination in the Federal Workplace

A disabled federal worker may suffer discrimination in the workplace in many ways. This is true even if the nature of their disability does not negatively impact their ability to perform the required duties of their job. A good federal employee lawyer can often review your case at no charge and determine if you have grounds for filing a disability discrimination claim. If this is the case, a lawyer can file the claim on your behalf and seek a settlement for your damages. Federal employment law dictates that a disabled individual cannot be discriminated against in any of the following ways:

• Refusal to hire the individual for a job.
• Refusal to promote the individual.
• Unjustifiable termination.
• Neglected to promote reasonable accommodations for the individual’s disability.
• Refusal of benefits.

Contact a Lawyer for Legal Representation to Protect Your Rights

If you have reason to believe that you have been discriminated against by your federal employer because of your disability, contact a lawyer today. He or she can provide residents with a consultation to determine if their legal services might be beneficial to you. Call a lawyer, like a whistleblower retaliation claim lawyer in Washington DC from Eric Siegel Law, to schedule an appointment.