Know the Different Forms of Sexual Harassment

Legal protection to employees from discriminatory acts based on religion, sexual orientation, national origin, gender, ethnic identity, or race is provided by both state and federal laws. These laws safeguard individuals from being mistreated, fired, abused, hired or from being denied all employment-related issues, including promotion, salaries and benefits, and so forth.

Many discriminatory practices and abuses in the workplace have already been exposed and many have been found guilty, including employer, co-worker or client; however, the fight that will finally end workplace discrimination and unlawful behavior, specially one that is based on sex or gender, is still far from being won.

Sexual harassment in one form of abuse so many employees have been made to suffer. As emphasized by in the website of the law firm Evans Moore, “Federal law defines harassment as diminished treatment and/or harassment because of sex, gender, pregnancy, childbirth, or related medical conditions. The law clearly defines sexual harassment as unwanted sexual advances. It need not be entirely physical to violate the law and its victims. It doesn’t have to involve physical contact or assault. Harassment can by physical, verbal or even visual.”

This abusive and unlawful act is characterized by:

  • Requests or offer of job benefits in exchange for sexual favors;
  • Visual conduct, such as leering, sexual gestures, showing sexually suggestive pictures or objects;
  • Unwelcome sexual advances and threats of reprisal after a negative response to sexual advances; and/or,
  • Physical or verbal sexual insults or remark regarding a person’s sex.

Victim of sexual harassment can be a man or a woman (women are the usual victims, though), but so is the harasser; there are also instances when both victim and harasser are of the same sex.

The passing into law of the Civil Rights Act in 1964 was supposed to give victims of sexual harassment the legal hope of redeeming themselves and of being compensated for the pain and suffering that they have been made to experience. This never happened, though, as victims were only allowed to receive their lost wages (due to forced leave orders) and back pay plus a notice of reinstatement to work – a little amount of cash plus the chance to continue in their work made intolerable. Many, however, did go back to work, but only to be harassed again and made to feel that they should rather better resign).

With the awareness that the anti-sexual harassment law and the remedy given to victims needed to be strengthened, the U.S. Congress made changes and improvements in the Civil Rights Act in 1991. Among the amendments was the inclusion of the legal right of the victim to receive compensatory damages, which included present and future financial losses due to mental anguish, suffering, emotional pain, inconvenience, and other forms of non-financial losses.

read more

Penalties For Nursing Home Abuse

Care facilities take the place of regular homes in providing the elderly with the care and assistance they need to make their remaining years as comfortable as possible. Entrusting their elderly loved one to the care of a nursing home facility might have been a difficult decision for them. By doing so, they give the facility their full trust that the best care would be given to their loved one. Sadly, this has not been the case.

Federal and state laws provide protection to nursing home and assisted living facility residents from abuse and neglect. In 1987, the US Congress enacted laws requiring nursing homes that participate in Medicare and Medicaid to comply with certain standards of care. Under the Nursing Home Reform Act, nursing homes are required to provide the highest quality of care for their residents. Federal nursing home regulations lay down the duties and responsibilities of a nursing home which may include the following:

  • Having adequate nursing staff
  • Conducting an initial comprehensive and assessment of the functional capacity of each resident
  • Implement a comprehensive care plan for residents
  • Ensure that residents do not develop bed sores. If they have, nursing homes should provide the needed treatment and service to
  • promote healing, prevent infection, and keep new sores from developing.

There are different types of physical abuse that an elderly resident of nursing homes can experience. Click here for more information about these types of abuses. When nursing homes have become negligent and fall short of the required standard of care, the family of the victim may pursue a physical abuse claim against the facility. The court will take a look at the circumstances of the case and compare it with the common practices in the industry as well as regulatory standards.

If successful with their case, the family of the victim may be able to collect compensation such as punitive damages, medical expenses, physical and mental suffering, and in case of death, loss of consortium and support for the surviving loved ones.

read more

Proving Delayed Treatment And Your Right To Sue

When patients are sent to the emergency room, they expect that they will be attended to right away. The sad fact about this is that patients are not actually getting the immediate treatment they desire. Delays in the treatment of a patient can have serious consequences to the patient. Chicago personal injury lawyers of Karlin, Fleisher & Falkenberg will tell you that delayed treatment may lead to irreparable harm.

It is the responsibility of the doctor and anyone in the medical profession to provide prompt care to patients who need it. If they get injured or killed because of the delayed treatment, the family of the plaintiff can sue the doctor for medical malpractice. However, to be successful, certain criteria need to be met and they are the following:

The Delay In Treatment Was A Result of Negligence

For your medical malpractice claim to be successful, you need to prove that the delay in treatment was due to medical negligence. The fate of your claim will depend on how well you can show that the doctor provided sub-standard treatment compared to what a reasonably skilled and competent physician would have done under similar circumstances. In order to prove that the doctor was negligent, you would need the testimony of medical experts to explain the below par treatment standard of the doctor.

The Delayed Treatment Caused Harm Or Injury

Aside from negligence, your lawyer will also have to prove that their failure to provide immediate treatment resulted to harm or injury to you. Proving that they failed to deliver prompt treatment will not suffice, you must show that such delay led to additional injury. Your lawyer, through the help of an expert medical witness, will need to show the manner and extent of injury that was caused by the delay.

The delayed treatment could have resulted to harm in two ways: 1) the delay made your condition worse; and 2) the delay negated the possibility that certain treatment could have been administered.

If successful, you could be entitled to receive compensation such as medical bills, lost wages, pain and suffering, or punitive damages.

read more

No-Zone Truck Accidents and How To Avoid Them

The sheer size of commercial trucks makes any accident involving them truly devastating. According to the website of Houston Lawyer, truck accidents can mean medical costs, lost wages, property damage, and other significant expenses for the victim. One of the biggest causes of truck accidents is the lack of knowledge of “no-zone” spots by other drivers. Research reveals that crashes between trucks and cars are likely to happen in these areas.

“No-zone” or blind spots represent an area around a truck that is invisible to drivers. Other vehicles are not advised to travel in these areas. Trucks have larger blind spots compared to other vehicles. In order to increase awareness of the dangers of these areas, the US Congress directed the Federal Highway Administration (now Federal Motor Carrier Safety Administration) to educate drivers of motor vehicles how to safely share the road with large trucks.

When you find yourself in a truck’s “no-zone” area, you should practice defensive driving and be aware of the fact that the truck driver cannot and will not see you. If you are not yet aware of where these blind zones are located, this article will help you identify where they are so that you can avoid being in these areas when following trucks:

Side No Zones

Trucks have extremely large no-zones on both sides. As such, it is recommended that you stay within sight of their rear-view mirrors to ensure that you can be spotted. This will allow the driver to react if they need to change lanes or perform a quick maneuver.

Rear No Zones

Trucks also have huge blind spots on their rear so it is advisable not to travel too closely behind large trucks.

Front No Zones

Passing too closely in front of trucks is a big “no-no” due to the amount of time that trucks require to stop than other vehicles.

Wide Right Turns

Trucks require a larger turning radius in order to successfully turn right. The best place to overtake trucks is on the right side.

By recognizing a truck’s “no-zone” area, you can prevent yourself from getting involved in a huge accident with these large vehicles.

read more

Types of Alimony and the Factors Courts Consider in Determining This Divorce –related Issue

There are times when not even divorce will completely sever the responsibility of an individual to his or her former spouse. This is due to what is called alimony or spousal support, a regular payment that a person will need to make to his or her former partner to ascertain that the latter will not live a financially-burdensome life.

Courts make sure that spouses, especially those who walked away from their career and career opportunities to be able to render full time in taking care of their children as well as provide full support for their working spouses, will continue enjoying the standard of living that they enjoyed before the divorce.

Traditionally, recipients of alimony were women since, by societal standards, it was them who were often required to stop working in order to care for the home after marriage. Providing for her and for the rest of the family was the duty of the father of the house.

Life’s circumstances have changed greatly, however. Today, not only are more husbands without work; many women also have higher salaries that their life partners. Besides these, more and more workplaces are also being populated by single women and mothers. These significant changes in the economic situation and opportunities of spouses have made even former husbands recipients of alimony. In deciding about the issue of alimony, courts usually consider the following factors:

  • Duration of the marriage
  • Earning capability of both spouses
  • Age and health of the spouses
  • Earned and potential income, and assets of both spouses.

The forms of alimony payment recognized in the United States include:

  • Alimony Pendent Lite or Temporary Alimony. This is awarded to one spouse even while the divorce case is still pending.
  • Rehabilitative Alimony. This type of alimony is paid to a spouse to help him or her re-train or pursue further education which will help him or her find a good-paying job and become self-sufficient.
  • Permanent Alimony: This court-ordered regular payment (usually monthly) is intended to enable the recipient spouse to continue enjoying the standard of living which he or she enjoyed before the divorce. Permanent alimony, however, ends when the recipient spouse dies, remarries or if the court modifies its order.
  • Lump Sum Alimony: This type of alimony is paid if the spouse supposed to pay it is deemed irresponsible in ensuring the monthly payment.

Non-payment of spousal support can result to contempt of court; its punishments can include imprisonment, fines, wage garnishment, liens on property and seizure of earnings (earnings from tax refund).

In its website, The Maynard Law Firm, PLLC, explains the right of a spouse to pursue legal action which will help him or her seek alimony, as well as request the court for modification in its original decision based on new financial circumstances either of the recipient or the payer.

read more

Insurance and Car Accidents

Cars fill U.S. roads every single day as it is just about the ordinary means of transport for numerous people in the America. With all the number of automobiles still improving, execution of traffic safety laws are becoming stricter, with the hope of significantly decreasing vehicle mishaps, which reach around five million every year – that means about 590 injuries daily.

A lot more than harmful properties, car accidents greatly affect the life of an injured casualty, sometimes changing her or his life forever. Although some variables are beyond human manage, the majority of the injuries remain attributed to carelessness or reckless behavior and driver error, including unexpected breaks and / or turns, and failure to use turn-signal lamps. Grounds that are such make the party that is guilty more accountable for the harm he or she has caused.

The website of Wausau, Wisconsin car accident attorneys states that part of the duties of the responsible party is paying the victim for whatever sufferings that are fiscal he/she is, and can be, faced with. That is why, motorists living in states are obliged to demonstrate financial responsibility. This insurance, though, will help no more than the wounded casualty; the person who caused injury and the accident is excluded.

There is another policy contract, though, that will cover the expense of health treatment desired even from the accountable party – PIP or the Personal Injury Protection. This means that even though you were the reason for the accident, you as well as your people (if you have any) is going to be included in this insurance. The great portion is, in its protection lost family maintenance, childcare, wages and funeral costs, PIP also contains besides the medical cost.

read more

How Much Protein Does My Dog Need?

There is a popular myth that too much protein is bad for a dog’s kidney based on a study made on rats, but this is not true. The physiologies of rats, which are essentially plant-eaters, are different from dogs and cats, which are essentially meat-eaters. It is the general belief that dogs process excess protein but do not convert it to fat, as they do excess carbohydrates, so dogs that eat too much meat will not get obese. It is true that dogs with an already compromised kidney function should limit their protein intake, but dogs with normal kidney function can eat protein in excess without damaging their kidneys.

That being said, the amount of protein dogs need will depend on their size, weight and age. Protein can come from animal or plant origin, so if necessary, dogs can survive on a diet of no animal protein, unlike cats. But when it is available, dogs do much better with protein from an animal source. On average, adult dogs need 1 gram of protein per pound of body weight, but not necessarily from meat.

For example, if an adult dog is 50 pounds, it will need 50 grams of protein a day. If your dog food has 10% protein and you feed your dog 500 grams a day, this means your dog is getting 50 grams of protein. If your dog food is rated at 18% protein, you can cut down what you give your dog to 275 grams.

Puppies, working dogs and lactating dogs will need more protein than the average house pet. If the regular adult dog needs about 18% protein, puppies and lactating dogs will need 28% while working dogs will need about 25% to 35%.

Dogs that are sickly, overweight, lethargic, and with poor physical appearance are probably not being given the right amount of protein in their diet. This is a common problem with dogs that are fed with dog food that are high in carbohydrates coming from grains such as corn, soy and wheat. Dogs convert excess carbohydrates to fat, just like in humans, and grains are notorious allergens for dogs. This can lead to skin rashes, brittle and coarse hair, and digestive problems. For healthier, happier dogs, it is important to ensure that they get the proper amount of animal protein and fats and at the same time as little carbohydrates (which they don’t really need) as possible to avoid unhealthy weight gain.

 

Original story from The Rugged Pup.

read more

Slip and Fall Accident: A Possible Cause of Serious Injury

More than 8 million slip and fall accidents are recorded by the US National Safety Council (NSC) Injury Facts every year. But while many may think that a slip and fall accident is just a trivial matter, it may be a surprise for them to know that, more than being one of the top causes of injuries in the US, its effects are often serious, even fatal in certain circumstances.

A fall from an elevated place is definitely dangerous, but so is slip and fall on the same level. In fact, of the 8 million slip and fall cases recorded by the NSC, more than half are same level falls, with over 2 million occurring on slippery floors or floors with added slippery flooring materials.

The ones most prone to a slip and fall accident are adults aged at least 55; but while this accident can “only” cause fractures (especially hip fracture), spinal cord injury and brain injury to some elders, it can be fatal for some others. Due to all these, the US Centers for Disease and Control Prevention (CDC) declared fall accidents involving elderly adults as a national epidemic and that, with each decade of life spent, an individual’s proneness to this type of accident increases.

What is so dangerous about a slip and fall accident is that this can happen to anyone and, worse, anywhere – even places, which one would assume are totally safe. Besides public places, such as malls, grocery stores, churches, hospitals, museums, etc., the office and one’s own home are also potential accident locations.

In working environments, slip and fall is the most frequently reported accident and source of injuries. Besides being the top reason for lost time at work (some extending to as long as 31 days), it is also the leading cause of workers’ compensation claims.

Slip and fall accident victims can file a claims lawsuit which may entitle them to receive compensation from the owner of the property where the accident happened. Legally speaking, property owners are responsible for injuries sustained within their property, granting that they had knowledge, or should have been aware, of any condition that can potentially cause a slip and fall accident. But proving an owner’s liability can be challenging as it will definitely be faced with arguments contradicting victims’ claims. However, with the help of legal guidance, such as Tennessee personal injury lawyers, victims can be assured of a strong defense which can earn for them the justice that they seek and deserve.

read more

McLane Stadium Made Possible in Large Part due to John Eddie Williams

A major contribution by Baylor University alumnus in 2012 pushed forward the construction of what is now known as McLane Stadium. The first game was played on the John Eddie Williams Field, named after the managing partner of Williams Kherkher Hart Boundas Law Firm L.L.P. of Houston and frequent Baylor contributor, in August 2014.

John Eddie Williams Jr. (BBA ’76, JD ’78) was a football player, which made the project close to his heart. Prior to his latest donation to the university’s athletic program, Williams donated in 2001 for the construction of a new law building, now known as the Baylor Law School. The successful lawyer from Houston felt that he should give back to the university that taught him to work in the service of others. In his personal injury law practice, he has definitely put his knowledge and expertise to good use in protecting the rights of victims of negligence.

Williams is a native to Houston, the son of a longshoreman. He managed to get a football scholarship to Baylor and graduated cum laude in 1976 with a business degree. He was at the top of his class in law school when he graduated from Baylor Law School in 1978. He actually passed the state bar exams a half month before he graduated.

His love for his alma mater is evident from his many gifts over the years. He and wife Sheridan helped finance the Sheridan and John Eddie Williams Legal Research and Technology Center, the Sheila and Walter Umphrey Law Center, the Matt R. Dawson Endowed Professorship, and the John E. Williams Athletic Scholarship.

Baylor Stadium was renamed to McLane Stadium in 2013 after yet another alumnus donor that kick-started its construction. It is located in Waco, Texas on the east bank of the Brazos River and has a maximum capacity of 55,000 spectators.

read more

Morcellators: Advantages and Deadly Effects

Hysterectomy, the surgical procedure that would remove a woman’s uterus, is the second most common surgery performed on women in the US (the first is Caesarian section). It is done due to the following needs:

  • To eliminate or reduce chronic pelvic pain and uncontrollable vaginal bleeding
  • Treat certain types of cancer, like cancer of the uterus, cervical cancer and ovarian cancer
  • Remove uterine fibroids (these are benign tumors which develop in the uterus
  • Treat the following conditions:
    • Pelvic inflammatory disease, which is an infection of the female reproductive organ
    • Uterine prolapse, a condition wherein the womb or the uterus falls out of the cervix and drops halfway into the birth canal or vagina
    • Endometriosis, which is characterized by the growth of cells (which are normally found inside the uterus) outside of the uterus
    • Adenomyosis, a condition characterized by the protrusion of the uterus’ inner linings through the uterus’ muscle wall

The latest way of performing hysterectomy is through laparoscopic surgery (examples of this surgery are hysterectomy and myomectomy, which is the procedure for the removal of uterine fibroids), wherein a medical device, called a power morcellator, is used. This morcellator is capable of mincing or shredding into small pieces large masses of tissues, such as the uterus or uterine fibroids, for easy removal.

Though there have been a number of power morcellators approved by the US Food and Drug Administration since the early 1990s, three specific models surpassed all others due to their great engineering design that ensures optimum performance and reliability: the Morcellex Sigma, the Gynecare X-Tract and the Gynecare Morcellex – all produced by Ethicon, the power morcellator manufacturing unit of Johnson & Johnson.

Compared to Abdominal hysterectomy, one of the traditional ways of performing the surgery, which requires a 5–7 inch incision on the abdomen, a laparoscopic surgery only necessitates four very tiny 0.5-1cm incisions. One of the incisions is to serve as the passage for the laparoscope, or small camera, which will enable the surgeon to see inside the body as he/she minces the uterus. And, due to the tiny incisions, wounds, therefore, can heal so much faster and the surgery is much less painful and bloody plus it ensures lesser risks of complication and infection.

Benefitting from the many advantages of Ethicon’s power morcellators (as well as all of other morcellators available), however, was suspended after the FDA issued a safety alert in April 2014 to discourage surgeons from further using the device in laparoscopic surgical procedures. This government notice is based on reports that the device can cause cancerous tissues, called uterine sarcoma, to spread inside the body. But as there is no available device yet that could accurately detect the presence of uterine sarcoma, there is no way of telling, therefore, if a woman, for instance, who would be undergoing myomectomy to have uterine fibroids removed from her body, is infected with it. And, as the morcellator shreds the fibroids (as well as the soft sarcoma tissues) into pieces, these are, then, vacuumed outside of the body, but with the possibility of leaving some of the shredded pieces behind: shredded cancerous tissue pieces that develop into what is known as leiomyosarcoma, a rare and aggressive cancer.

According to the website of Williams Kherkher, women who have developed cancer as a result of morcellator treatment may be able to file suit against to help recuperate the costs of their chemotherapy and other cancer-related expenses.

read more