Tuesday, February 24, 2009

Nursing Home Cited for Poor Care

Admittedly, we are so busy sometimes that we could no longer afford our elderly members of the family the care and attention they need. In our minds, the best thing to do is to send them to nursing homes, health care facilities or rehabilitation centers.

Sending them in these caring institutions give us the belief that they are well taken cared of. However, with the cases of license revocation and citation of several health and caring institutions, it made me think twice.

Lemon Grove Care and Rehabilitation Center in San Diego County was one of those included in the growing list of nursing homes who have received a citation. In fact, it received an “AA” citation, the worst and most severe penalty and a fine of $80,000 from the state of California.

This incident had been fueled by an incident involving a 74-year-old woman who died at such center for burn injuries.

Caring institutions must observe all the necessary precautions, care and safety measures to afford their clients the best services they could give. If they fall short in giving good health care, the state of California may give them citation and/or a civil monetary fine.

The penalty and citation process are aimed at giving the public quality care.



Tuesday, February 17, 2009

Plane Crashes on a Buffalo Neighborhood

With accidents everywhere, sometimes I just want to stay at home to be safe. Until last week, I thought that I could be secured and safe just by lying in bed or staying indoors.

The Wielinski family could not have thought of their fate, not in a millions years. A supposedly romantic week turned into a gruesome scenario when a commercial plane landed on the family’s roof. Aboard the plane were 49 people. All were dead including the man of the house, Doug Wielinski.

The accident scene was a residential area. As it was near Buffalo Niagara International Airport, residents were used to seeing airplanes on top of them but not when one actually landed on the roof and crashed through a family’s home.

Airplane accidents happen not as often as car accidents. However, when tragedy like this occurs, it produces gruesome and terrifying images.

Although the cause of the accident could not have been identified as of the moment, logic and nature tells us that something bad and serious could have caused it. The icy conditions, mechanical problem and/or pilot error could have all contributed to the crash.

Personally, I could not comment as to the cause because it still under investigation. My heart goes to the family’s of all those deceased. It also gave me the idea that safety and security are rare these days. Even in the comfort of our own houses, accidents would still creep through.



Wednesday, February 11, 2009

Discrimination Due to Political Affiliation

Discrimination in any aspect is a practice frowned upon by the society. If you are discriminated against due to your race, sex, political beliefs, disabilities or religion. The law empowers you to sue.

The law gives a person the right to sue when discriminated against as early as the application stage of employment. This is what Teresa Wagner did when the university turned her down for a teaching position because of her political beliefs. She sued University of Iowa and its dean alleging that the latter even suggested to conceal her affiliations and not to apply for any faculty positions.

In California, it is illegal for an employer to discriminate against an employee merely because he/she is a democrat or a republican. Whether an applicant should be hired or not or an employee should be fired or not should greatly depend on his/her credentials, experience and performance.

An applicant or employee’s political beliefs is personal to him/her which in no way affect or determine his/her fitness or qualification to the job.

If you are in California and you experienced any form of discrimination, it would be advisable to consult an employment discrimination attorney.




Friday, February 6, 2009

Under Threat for Vehicle Crash

Vehicle crash seemed an every day sight in the freeways and streets of America. The effect and consequences of the crash bring different outcome to the victims and their loved ones. Feelings of shock, pain, anguish or outrage is rather common.

When the victim of a vehicle crash is a beneficial member of the society, the effect is more disappointing and regretful.

Sergeant Curtis Massey was driving east on his way to work when he was struck by a Toyota Camry driven by Van Nuys traveling the wrong side of the road. The incident claimed the life of Massey, a dedicated policeman and a medal of Valor recipient who devotes his free time working with at-risk teens.

Massey’s fellow colleagues have all good words and praises for him. His life had been short lived because of the careless and irresponsible driving ethics of Van Nuys.

Reports failed to mention whether Nuys is under the influence or not. However, the fact that Nuys drove at the opposite direction of the lane where Massey’s car at manifested extreme carelessness on his part.

Many innocent lives had been cut short not to mention families left in uncertainty and desperation because of the accident.

We share the road with millions of people who may be great contributors to the welfare and advancement of society. Just think of what we could lose if they would only die without any reason.



Wednesday, January 21, 2009

Liability in Bus Accidents

Buses often carry large numbers of passengers and when bus accidents occur, the consequences are often tragic and disastrous.

Look at an accident involving two school buses carrying students of Lennox Middle School, out on a field trip to the La Brea Tar Pits. According to reports, the two buses were traveling convoy and when the first bus on the line slowed down in traffic, the second bus slammed the back of the first vehicle.

Fortunately, the impact of the crash was not that strong to cause any serious injury but merely bruises and pain for the bus passengers who were mostly schoolchildren with adult companions. The twenty-three children all sustained injuries, some of them had severe neck and back pains.

The police are still investigating the incident to determine what caused it and who the liable parties are.

But who can be held responsible for accidents like this?

Under the law, common carriers like commuter trains and buses are expected to exercise care and safety for their passengers. During accidents, investigators will look into the standards by which this duty of care is exercised to see if there are lapses made.

Liability in most bus accidents depend on several factors as the cause of the accident must first be established.

If the accident is caused by factors other than driver negligence, liability will change considerably. For instance, if the accident is caused by a failing condition of the vehicle such as worn-out tires, brakes or steering mechanism, then liability will fall on the bus owners or operators and the drivers.

Typically, personal injury litigation will determine the extent of liability of each party involved in the accident. In this case, investigators are still trying to determine whether the drivers of the two buses are drunk or negligent, which will include going over their past criminal record and history of alcohol or drug use. Otherwise, the police would have to find out the other causes of the accident to hold the people responsible for the injuries that resulted from it.

By any means, liability in an accident may be difficult to be established and proved. Hence, one would need the assistance of an experienced accident lawyer in order to help him file a claim against the offending party.




Monday, December 29, 2008

Discrimination based on Mental Disability and Impairment


Having a disability is difficult enough for anyone and being discriminated at work because of one’s medical condition makes it even worse. Similarly, disability discrimination is also an unlawful practice that has corresponding penalty under the law.

Consequently, taking unlawful advantage of one’s medical disorder at work is prohibited by law. The federal Americans with Disabilities Act (ADA) enumerate the medical conditions that qualify as disabilities, and hence, must not be used as basis to discriminate people.

These include the neurological disorder called Tourette syndrome. Tourette syndrome and other similar neurological conditions qualify as a disability under the law. As defined by the ADA, mental impairment means “any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, or specific learning disabilities”.

People with mental disability comprise a substantial part of the country’s population. In fact, nearly 4.56 million people are recognized as having mental retardation and developmental disabilities (MR/DD) and many of them are productively employed, thereby contributing to the nation’s economy.

If you experience discrimination because of your mental and medical condition, you can consult with an experienced discrimination lawyer in your area.

Thursday, December 18, 2008

Plane crashed into home, killed three

An airplane accident happened recently in San Diego which claimed the lives of at least three people just this week.

Prior to the accident, an F/A-18D Hornet plane took off the Abraham Lincoln aircraft carrier off the coast of San Diego with only one pilot on board. Reports said that the plane was having problems right after take off and the lone pilot prepared for an emergency landing.

The condition of the plane worsen while air borne prior to the landing, i.e. it lost its second engine, etc. As the consequence, the plane nosedived, according to witnesses – the pilot was able to eject himself from the aircraft in the nick of time.

Unluckily for San Diego neighborhood, the accident took place above them. The plane reportedly crashed into a home where a woman, her two kids, and an elderly woman lived. Due to the crash, three of them were confirmed killed.

The neighborhood was reportedly had to be evacuated. The pilot sustained injuries and was taken to the Naval Medical Center of San Diego.

Airplane or aviation accident doesn’t happen very often. But because of the dangerous nature of the plane’s fuel, it has a tendency to create a more fatal accident than others.

If you or anyone you know suffered injuries or wrongful death due to aviation accident, consult with an aviation accident or personal injury lawyer. You may have a valid claim against the party at fault or for whose negligence produces the accident.

Like this particular accident, the family of the victims may pursue a case for the loss of lives that happened because of the plane accident.