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NOV
27
Children’s Products Get Lead Limit by New Federal Law…
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NOV
27
The Consumer Product Safety Improvement Act of 2008 (CPSIA) was signed into law on August 14, 2008. The CPSIA establishes consumer product safety standards and other safety requirements for children’s products and “reauthorizes” and “modernizes” the Consumer Product Safety Commission. It is a very strong law involving harsh civil and criminal penalties for those who violate it. Read all…
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NOV
23
Illinois State Police Speed Policy Change in Response to Deaths
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NOV
23
The Illinois State Police is instituting a new speed policy that calls for a “four tier response code system” beginning January 1, 2009. Read the facts of the new policy here. After two sisters were killed when an Illinois State Police Trooper’s squad car crossed an I-64 median last November, Illinois State Police felt it was time to institute a policy…
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NOV
23
Another nursing home fined for more than 2 dozen violations…
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NOV
23
An Arizona nursing home was found with more than two dozen violations and has agreed to pay the State $17,500 in civil penalties as a result notes the Arizona Daily Star. According to the article, among the violations noted, including a failure to protect its elderly residents from sexual abuse, state inspectors found that the…
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NOV
23
Holiday Season: Take Note of the Care Provided to Your Loved Ones…
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NOV
23
As one recent article points out, the holiday season is the time of year nursing home residents receive the most visits and loved ones should take careful note of any signs of abuse or neglect–especially bed sores. Bed sores are preventable, are not normal, and command immediate attention. If your loved one seems “distant” or has any bruising,…
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NOV
22
Gruesome Photographs: Admissible at Trial?
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NOV
22
At trial time, Defendants may make a motion before the Court to exclude gruesome photographs of injuries. However, simply because the photograph(s) may be gruesome and possibly cause prejudice in the minds of the jury is no reason to exclude the photograph(s). See e.g. Burnett v. Caho, 7 Ill.App.3d 266, 272 (3rd Dist. 1972). Admissibility is…
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NOV
22
Wandering can cause serious injury and even death. . .
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on
NOV
22
It is critical that a nursing home and its staff take careful note of patients with conditions that could lead to elopement / wandering resulting in injury or even death. Dementia and Alzheimer’s are two critical conditions that staff must treat carefully. Recently, a man who suffered from dementia wandered from a nursing home and was…
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NOV
17
Over 37,000 Complaints in U.S. Nursing Homes Last Year
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on
NOV
17
As noted in a recent N.Y. Times Article, the Department of Health and Human Services (“HHS”) noted that over 90% of U.S. nursing homes were cited for federal health and safety standards violations last year–and notably, for-profit homes had more problems. The report by HHS noted issues with pressure sores (also known as bed sores or decubitus ulcers), medication…
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NOV
17
Winning a Jury Trial: Keep it Simple…
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on
NOV
17
In a well-written article by the New Jersey Lawyer, the old saying rings true: If you want to win over the jury, keep it simple. Jurors don’t want to hear long dissertations on the law with “high-brow” words and fancy legal terms; jurors want to hear plain, everyday language–and in short statements or arguments. One attorney…
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NOV
16
The Person Who Hit Me Received a Ticket! Won’t the Jury Hear About That?!
By:
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on
NOV
16
Many individuals who are in accidents often ask me whether the jury will hear that the defendant received a ticket in relation to the accident. They would love for the jury to hear that! They are often surprised to hear me say “absolutely not.” In fact, I tell them that the Judge–prior to the trial…
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NOV
09
Find poor performing Medicare and Medicaid Nursing Homes
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admin
on
NOV
09
The Centers for Medicare and Medicaid Services (“CMS”) provides extremely useful information about Medicare and Medicaid nursing home providers with links to applicable laws, regulations and compliance information. You can view the main site here: www.cms.hhs.gov/CertificationandComplianc/12_NHs.asp. Most importantly, however, CMS provides a list of what is known as “special focus facilities” or a list of nursing…
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