Standard of care breaches: the case in nursing homes

Standard of care breaches: the case in nursing homes

Feb 17

Every year, thousands of dollars are being spent on litigation involving breach in standard of care. According to the website of Leichter Law Firm PC., a majority of these cases involve nursing homes, wherein nurses are accused of either negligence or lack of informed consent. Negligence happen when a nurse unnecessarily placed the patient in danger due to his/her recklessness or lack of training. For lack of informed consent, a nurse can be accused if s/he fails to inform the patient about the risks associated with the procedure s/he will be performing.

Nursing malpractice is one of the most common nursing home violation the U.S. Centers for Medicare and Medicaid Services (CMS) has constantly been citing for several years now. But apart from negligence and lack of informed consent, some nursing homes have been accused of breaching standard of care by employing nurses or aides that have previously been convicted with abuse. Employing staff guilty of sexual assault, violence, or theft could mean violating the regulations set by the CMS for nursing homes.

A nursing home could also be in violation of the regulation if inspectors found that the owner of the facility has been negligent in eliminating hazards that could trigger injurious, even deadly accidents, or if regulators received reports of accidents caused by unsafe environment. Failure to establish an effective infection control program is also an adequate ground for citation. Also, the facility’s failure to meet professional standards for services could also mean violating standard of care.

Nursing home violations are not only limited to the facility itself, its staff, and its services. During annual inspection or when a complaint against a facility is filed, inspectors probe for other possible violations. For instance, failure to store, prepare, and distribute food in a sanitary way could be a violation, as well as failure to ensure that regimen drugs are free from any unnecessary and dangerous substances.

Proving your copyright for a song

Proving your copyright for a song

Feb 16

In a bold and interesting move, international singing sensation Taylor Swift has recently applied to trademark certain phrases from her songs in her 1989 album to avoid them from being used on merchandises without authorization. Among these lines were “This sick beat,” “Cause we never go out of style,” Nice to meet you, where you been?,” “Party like it’s 1989,” and “Could show you incredible things.” In this day and age where piracy is pretty much common and people can just use someone else’s lyrics without permission to make their apparels marketable, Swift’s action in protecting her intellectual property seems timely and clever.

According to the website of Gagnon, Peacock & Vereeke, P.C., there are a lot of ways on how you can secure copyright of your original composition. One old school way is to seal your composition in an envelope and send it to yourself via mail. A sealed, unopened envelope with a date in it could prove that you have written your song before the date indicated in the package. Due to its practicality (sending yourself a package doesn’t cost much money and effort), many people have been doing this to establish copyright. But although this method of protecting your intellectual property could be effective, there have been some cases wherein the evidence falls short in court.

Another easy way to establish ownership of a lyric or a song is to have some good witnesses that are willing to testify that you own the composition. It can be your friend, your colleague, a family member, pretty much anyone that have actually heard you sing or play your lyrics and are willing to stand as a witness in an event of a copyright hearing.

Finally, you can protect your work by registering your song in any of the copyright offices in your respective country or jurisdiction. In the U.S., for instance, the United States Copyright Office accepts copyright applications, but for certain fees.

Are divorce and death really comparable?

Are divorce and death really comparable?

Feb 15

In an interesting blog published in the Huffington Post, D.A. Wolf explored the possibility of comparing divorce and death: how similar (and dissimilar) they are with each other, how one thing could be more impactful than the other. Although we might have different takes on which one is worse, one thing is crystal-clear: both divorce and death are life-changing. Unless you don’t prepare yourself and your family for these uninviting possibilities, chances are you will definitely be caught off-guard.

According to the website of Marshall & Taylor PLLC, it can be difficult for a divorcing couple to end a marriage. Divorce is not just an emotionally-charged experience for adult couples; this process can be difficult for the children, too. A joint physical and legal custody, for instance, could be hard for children who will need to be shuffled between two parents in certain times of the week. Deciding who will pay who and how much is another legal struggle that can definitely be arduous for the couple. And so, having the best professionals on your side to help you decide on matters surrounding your divorce can be a great help in somehow alleviating these challenges.

Although both death and divorce cause despair and uncertainty, death in the family generally is worse than losing a marriage. But just like a divorce, legal disputes arising from a family member’s death can make things even worse. According to the website of Arenson Law Group, PC, failing to plan for your estate makes your family more vulnerable to estate disputes and conflicts.

No matter how unappealing divorce and death are, they are possible. And when they hit, they could hit tremendously hard. In times of emotionally-charged challenges such as these, it is important to maintain a mindset that’s positive and forward-looking. You should also be open to seek help and support from friends, family, and professionals if you need to.

Top two acne myths worth busting

Top two acne myths worth busting

Feb 13

Who wouldn’t want to have clear, pimple-free skin? Not me! That’s the reason why some people are so engrossed in knowing what works best for their skin. But in this day and age where everything can be looked up in the Internet, we pretty much don’t have many solid ways in checking how honest online “facts” really are. Unfortunately, getting the wrong information online is not only a waste of time (and money, if it required you to buy anything); it can also make your acne worse. Not only that, it may even be dangerous.

People at a Des Moines med spa may explain that taking care of your skin is vital, and you should know these top two acne myths worth busting:

Acne myth no. 1: Washing your face as often as you can is the best way to keep zits away

While it is true that acne can be a result of pimple-causing bacteria that thrive on the surface of your skin, washing it too much could cause your skin to be dry. This would cause your sebaceous gland to produce more sebum to waterproof and lubricate your skin. When your skin produces more oil than it normally would, you are increasing the chance of sebum getting stuck into your pores. A blocked pore is where dead skin, sebum, and oil may accumulate, which may all cause pimple.

Acne myth no. 2: There are no connections between diet and acne

According to, this blemished notion of diet-acne disconnection was a result of two known studies conducted during the 60s and the 70s. In recent studies, however, scientists have found that people with bad eating habits are more prone to acne problems. Those who are at higher risk of acne are those who eat more dairy products and unhealthy fats. On the other hand, those who consume fiber-rich foods and healthy fats are at less risk of acne.

Dangers of PCB Exposure

Dangers of PCB Exposure

Feb 12

Is your non-Hodgkin’s lymphoma a result of PCB exposure?

Polychlorinated Biphenyl, or simply PCB, is a man-made chemical used in a wide variety of industries, especially in the manufacturing sector. According to the U.S. Environment Protection Agency, PCB has been very useful in manufacturing hydraulic, heating, and electrical equipment. It has also been widely used as plasticizers in different products, such as rubbers and paints. PCB can also be found in cable insulators, fluorescent light ballasts, transformers, capacitors and plastics.

However, due to its high toxicity, PCB was banned in 1979. According to the website of Williams Kherkher, people exposed to PCB were found to be at increased risk of adverse health effects. Among these health effects are immune, nervous, endocrine and reproductive system disorders. Exposure to this dangerous chemical has also been tied to non-Hodgkin’s lymphoma, a type of cancer that affects the lymphatic system.

Your lymphatic system is responsible in neutralizing and fighting off diseases and infections. Your lymph nodes, spleen, bone marrow, liver and thymus are just some of the organs that comprise your lymphatic system. Non-Hodgkin’s lymphoma is a cancer that affects the lymphocyte – a type of white blood cells that’s important in keeping diseases and infections at bay. Lymphocytes have different types: T cells, B cells and natural killer cells, all of which are further subdivided into different categories. Non-Hodgkin’s lymphoma is diagnosed based on particular types of cells affected.

Apart from PCB exposure, your risk of developing non-Hodgkin’s lymphoma increases with age. Certain types of infections, such as Epstein-Barr virus and HIV, have also been linked to this disease. You are also more likely to develop this disease if you are taking medications that suppress your immune system.

Symptoms of non-Hodgkin’s lymphoma include swollen but painless lymph nodes, weakness, fever, swelling and pain in the abdomen, difficulty breathing and chest pain. People with this disease often experience night sweats and unintended weight loss. So if you feel one or more of these symptoms and are at risk, visit your physician to talk about this condition.