Dentists

By on 2-18-2015 in Probate

According to the website of Dental Expressions by Dr. Gary Bram in Bell Blvd, Bayside, NY, dentists can offer a comprehensive range of services that include: General Dentistry; Cosmetic Dentistry; Sedation Dentistry; Endodontics; and Periodontics, among others, is a list of experts that make every patient totally comfortable and relaxed even while in a dentist’s chair.

Dentists can seek certification in laser dentistry. They should also take time discussing treatment plans to help patients make well-informed decisions.

Some of the country’s prestigious and professional dental organizations include:

  • Diplomat of the American Dental Implant Association
  • Academy of Laser Dentistry
  • Academy of Aesthetic Dentistry
  • Academy of General Dentistry
  • American Dental Association

A Defect that can be Fatal

By on 2-18-2015 in Probate

Since 1966, the National Highway Traffic Safety Administration (NHTSA) has recalled more than 390 million mopeds, motorcycles, recreational vehicles, buses, trucks and cars; 42 million child safety seats; 66 million pieces of motor vehicle parts; and, 46 million tires.
These recalls were prompted due to manufacturers’ non-compliance with safety standards mandated under Title 49, Chapter 301, of the United States Code for Motor Vehicle Safety. Motor Vehicle Safety means a motor vehicle’s or motor vehicle part’s performance which, in a way, will protect the public against unreasonable risk of accident, injury or death. This law makes it the legal responsibility of motor vehicle and motor vehicle part manufacturers to ensure that all their vehicle and vehicle parts are free from defects which can affect a vehicle’s performance and compromise the safety of drivers, passengers and other road users.

According to the NHTSA, though drivers are usually the ones at fault during accidents, there is still a certain percentage in the total number of car crashes that is due to defective cars or car parts. What’s scary about a defective car or car part is that car owners usually never get to know about the defect until the car or the faulty part malfunctions and causes an accident.

Some safety-related defects and failure to meet Federal safety standards which that have been reported to the NHTSA (since 1966) include the following:

  • Steering wheel suddenly locking while turning or driving along a curve;
  • Steering wheel components that suddenly breaking, resulting to loss of vehicle control;
  • Brake pads remaining partially engaged with the rotors due to the electronic parking brake piston actuation arm’s failure to fully retract;
  • Driver-side airbag suddenly exploding, a defect that has already resulted to more than 100 injuries and seven deaths;
  • Wheels cracking or breaking, resulting to loss of vehicle control;
  • Wiring system that causes problems, resulting to fire or loss of lighting;
  • Essential parts breaking, falling apart, or separating from the vehicle, causing loss of vehicle control; and,
  • Child safety seats found to be with defective buckles, safety belts, or components that can cause injury.

The Federal Motor Vehicle Safety Standards (FMVSS), which is written and enforced by the NHTSA, sets the minimum performance requirements for vehicle parts (such as its lighting, tires and brakes) that most affect a vehicle’s safe operation, as well as for parts (such as child restraints, safety belts, air bags and motorcycle helmets) that ought to provide drivers and passengers adequate protection from serious injuries or death in case of an accident.

With the details on vehicle and vehicle part safety standards provided by the FMVSS plus manufacturer’s quality control and vehicle performance tests, it is a surprising that manufacturing defects still escape watchful eyes.

The 1987 Nursing Home Reform Act; Protecting the Rights of All Nursing Home Residents

By on 2-18-2015 in Probate

In 1986, the U.S. Congress requested the Institute of Medicine to conduct a study that would evaluate the quality of care in Medicare – and/or Medicaid-certified nursing homes. The study revealed that the quality of care was nothing short of appalling as many residents, which included elders, children and young adults with severe disabilities, were often neglected, abused and received inadequate care. The results of these were the many cases of bedsores or pressure ulcers, injuries due to slip and fall, sudden weight loss, dehydration and malnutrition that further worsened residents’ already deteriorating health; some even led to new serious injuries or worse, to wrongful deaths.

Negligence in nursing homes, according to the Centers for Disease Control and Prevention (CDC), is “failure by a caregiver or other responsible person to protect an elder from harm, or the failure to meet needs for essential medical care, nutrition, hydration, hygiene, clothing, basic activities of daily living or shelter, which results in a serious risk to health and safety.”

Those who commit acts of abuse and negligence in nursing homes can be charged with a federal crime because these acts are against the stipulations of the 1987 Nursing Home Reform Act, which mandates nursing home facilities certified by, or receiving payment from, Medicare and Medicaid, to:

  • Provide services and activities that will help attain or maintain the highest possible physical, mental, and psychosocial well-being of every resident in accordance with a written plan of care; and,
  • Ensure that residents are free from corporal punishment, involuntary seclusion and all forms of abuses, including, but not limited to, verbal, physical, mental abuse, and sexual abuse.

The Act also addresses issues, such individual patient assessment, assurance of hygiene and nutrition and sufficiency of staffing (as lack of staff is a major contributory factor to acts of abuse and neglect); furthermore, it establishes the “Residents’ Bill of Rights, which is a list of rights that will empower residents in the face of neglect and/or abuse. Some of these rights include (taken from http://www.nursinghomealert.com/residents-bill-of-rights):

  • The right to live in a caring environment free from abuse, mistreatment and neglect
  • The right to live without the fear of enduring physical restraint
  • The right to privacy
  • The right to receive personal care that accommodates physical, medical, emotional and social needs
  • The right to a social contact/interaction with fellow residents and family members
  • The right to be treated with dignity
  • The right to exercise self-determination

In 2014, there were little above 15,000 certified nursing home facilities in the U.S. and about 1.5 million residents and patients. Records from the American Association for Justice, however, show that about 90% of all nursing homes lack the required number of staff – this is quite alarming since it is in understaffed nursing home facilities where instances of abuse and neglect are widespread.

Families with loved ones in nursing homes should know that acts of abuse or neglect can be a federal offense. Thus, any sign that their loved one is experiencing acts of cruelty while under the care of a nursing facility, they should never hesitate in contacting a nursing home abuse lawyer, who can explain to them know their rights and advise them on the best legal action they can pursue against the liable party.

What Makes Motorcycles more Dangerous than Cars

By on 2-18-2015 in Probate

The dangers associated with riding a motorcycle include, first, a motorcycle’s lack of the standard safety features that other motor vehicles are equipped with and, second, its greater sensitivity to road conditions.

Compared to a car, a motorcycle does not have an air bag, a seat belt and a protective outer frame. The DOT-approved helmet, which so many riders continue to fail to wear, is actually the only real protection that riders have. This helmet can be the only thing that may save them from a head injury, the most common cause of death and disability in motorcycle accidents. Moreover, compared to cars, a motorcycle is more easily affected by uneven road surfaces, areas of low traction and obstacles in the street. The slightest road problem can cause a motorcycle rider to lose control and crash.

In 2013, the National Highway Traffic Safety Administration (NHTSA) recorded 88,000 motorcycle crashes which resulted to injuries and another 4,986 accidents, all of which were fatal. While many motorcycle accidents are due to the rider crashing into a fixed object, such as a concrete barrier or a lamp post, many more involve another vehicle, like a car, especially one that is making a turn with the driver failing to check first for a possible approaching motorcycle.

An accident wherein a motorcycle crashes into a solid fixture is categorized as a single vehicle accident. An accident wherein another vehicle is involved, however, is categorized as a multiple-vehicle accident and the most deadly of this type of motorcycle accident is head-on collision.

Head-on collision actually accounts for more than 70% of fatal motorcycle accidents. Non-fatal head-on collisions, on the other hand, usually result to severe injuries, many of which lead to amputated limbs, spinal cord injury, head and neck injury, or disfigurement. These injuries, as mentioned in the website of the Hankey Law Office, means higher medical bills, a longer recovery period, which makes it important for riders to seek legal assistance immediately after an accident to decide on the possible legal action he or she should take.