Getting Stronger

Posts by Madison

Treat Addiction, Don’t Punish It

Posted by on Nov 21, 2017 in Addiction Treatment | 0 comments

After decades fighting the war on drugs, there is a definite perception in this country that those who are addicted to illegal substances deserve the harshest possible punishments for their crimes. It is that mentality that encouraged mandatory minimum sentencing, and it is that mentality that filled our jails to the point of busting with nonviolent criminals.

The truth is, we don’t need to jail addicts, we need to treat them.

Now, that statement isn’t meant to be used to dismiss the pain addicts cause or the other crimes they commit in the name of their addiction. Obviously, the former is a sad fact of the world, and the latter should require some amount of punishment, although leniency is recommended there as well.

So, how do we treat addicts? Firstly, we need to stop thinking of them as an evil singular idea. Addicts are as diverse as any other group of people. They can be rich or poor (although obviously, they are more often on the poorer end of the scale). They can be any race. They can have any belief system or none at all. They could have had all the advantages or none of them. Addiction can show up in any sort of person, which means that addicts should be treated by a variety of methods.

It is the rigidness of the demands for treatment that make it hard for some addicts to recover. If they don’t fit in well with the 12 Step program (which is wonderful for many addicts but not for all), they can feel they have nowhere else to go.

Instead of putting our resources into more jail cells to hold these suffering people, we should put that money into a diverse set of programs that give addicts options. Such programs can be any number of different kinds of group therapy groups as well as private therapy groups. Social workers should be more involved. There should be more room, as well, for less traditional methods to find a foothold. There has been, for instance, a lot of success for addicts with hypnotism.

With these new options established, and a societal shift toward a more understanding and less judgmental attitude in general towards addicts, far more people will be able to pull themselves away from the drugs that hold them down and return to normal, productive lives.

With the ongoing opioid crisis ravaging much of America, this societal shift is already starting to take place. As more people discover they know someone who struggles with addiction, attitudes are rapidly changing. Now, all that needs to change are the laws.

Less punishment, more treatment, and more options: that’s a recipe that can save a lot of lives. And with those saved lives, there will be many advantages for all of society. Less crime, more involvement from more people in the community, and more people trying to live out the American Dream.

That’s what we all want, right?

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Premises Liability and Slip and Fall Accidents

Posted by on Apr 2, 2017 in Slip and Fall Accidents | 0 comments

Premises Liability and Slip and Fall Accidents

You are casually walking on a mall when you suddenly slip because of a wet spot on the floor. You end up falling and breaking your arm. If this or something similar has happened, you may have a legitimate lawsuit in the making.

Premises liability is the concept of property owners being legally obligated to make sure that their properties are safe for others. This can be particularly important if the properties are open to the public, such as malls.

One of the most common premises liability claims involve slip and fall accidents, wherein a person in the property has slipped because of a dangerous condition and has fallen to a surface, possibly injuring them. Such accidents can happen anywhere, whether indoors or outdoors.

For indoors, there are a lot of dangerous conditions that may trigger such accidents. The most common are slippery substances, like spilled drinks, inadequate floor waxing products, and leaks from air conditioners and pipes. But it is not unheard of to have slip and fall accidents because of defective escalators and elevators, debris and trash, and carpets and rugs.

For outdoors, the dangers of slip and fall accidents are often associated with poor maintenance. For example, if a property owner does not clean his sidewalk, passersby may slip and fall because of accumulated rainwater, ice, snow, and even leaves. Cracks, potholes, uneven surfaces, and poor lighting conditions are common causes of slips and falls as well.

According to the website of Mazin & Associates, PC, those who have been injured in slip and fall accidents because of the negligence of property owners may get compensation.

Typically, there are certain variables that need to be passed for slip and fall accidents to be viable premises liability claims. It should be proven that the dangerous condition has been caused by the property owner, that the condition has been there long enough for the property owner to see and fix it, and that the condition has led to an accident and injury.

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When Machines Malfunction, Construction Workers Are At Risk

Posted by on Oct 24, 2016 in Construction Accidents | 0 comments

Construction sites are inherently dangerous. With tall structures and heavy equipment in the area, construction workers are at huge risk of getting killed or injured. According to the website of Habush Habush & Rottier S.C. ®, there are many ways that construction accidents can happen. One of the most common causes of construction injuries are defective machinery. Majority of jobs in the construction sites involve tools and heavy machines.

When improperly used or poorly maintained, heavy machines can lead to injuries or death to the worker who is using it. For this reason, it is important that operators of these machines get proper training on how to use them. Power tools, heavy machinery, and other equipment are often included in warning labels due to the dangers they pose. Equipment and machines in the construction site include cranes, jackhammers, forklifts, cherry pickers, and others.

One of the most dangerous pieces of equipment in the construction site is the crane. It accounts for 25 to 33% of all fatal construction site accidents. These accidents may happen as a result of instability, overturning, or overloading with a power line. Scaffolding accidents may be due to improper installation and improper use of scaffold.

Common injuries from defective equipment in the construction site may include amputation, burn, broken bones, concussions, head and neck injuries to name just a few. Victims of defective machine injuries can recover damages by proving the negligence of the liable party which could be the manufacturer of the equipment, property owner, or even co-employees.

Construction accidents can be a complicated process involving more than one party. Determining liability can likewise be complicated so having an attorney to defend you can make the process much easier. They can also help you recover damages from the injuries that you will incur as a result of the accident.

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Available Damages In Aviation Accidents

Posted by on Jun 29, 2016 in Car Accidents | 0 comments

Available Damages In Aviation Accidents

Airplanes are often regarded as one of the safest means of transportation. However, aviation accidents do happen from time to time and they are usually more devastating than other accidents. According to a report by the International Civil Aviation Organization (ICAO), there were 904 fatalities in 2014. This was the highest number in the last five years due largely to tragic accidents such as the Malaysian Airlines Flight MH 370 and Malaysia Airlines Flight MH 17.

According to the website of Williams Kherkher, cases involving airplane crashes are quite complex. It will require much time, energy, focus, and money. They can file a lawsuit against a wide range of parties ranging from the pilot, airport operator, air traffic controllers, and others. The available damages will depend on the facts of the case. Here are some of the damages that surviving family members of the deceased can recover in an aviation accident:

  1. Strict Liability

Pilot error is one of the main causes of aviation accidents. In these cases, liability of the pilot is usually determined by the existence of negligence. Did the pilot fail in acting reasonably in caring for the passengers? If the crash was due to a malfunctioning component, the liability falls on the manufacturer of the aircraft or component. In strict liability against the manufacturer, there is no need to proof that negligence of a person resulted to the accident.

  1. Comparative Liability

In aviation accidents, comparative liability awards damages according to the percentage of liability of each party. For instance, the judge can make the pilot 35% responsible and the manufacturer 65% liable for the accident.

  1. Common Carriers Liability

Commercial airlines belong to a legal classification called “common carriers” and can be held liable under the Common Carrier Liability laws. The Federal Aviation Administration (FAA) sets the rules and regulations involving commercial airlines. Common carrier liability is more stringent than general aviation laws.

  1. Willful Misconduct

Under the Warsaw Convention, willful misconduct may include the following:

  • Prior knowledge that an action would most likely result in injury or damage
  • Wanton disregard that an action could cause an accident
  • Intentional failure to discharge a duty related to safety

Filing An Aviation Accident Lawsuit

Under the Warsaw Convention, there are four possible places for filing a lawsuit:

  • The country where the plane ticket was bought
  • The country of the final destination point for the flight
  • Countries where the airplane is incorporated
  • The country where the carrier conducts business
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Medicare Coverage of Respite Care

Posted by on Mar 13, 2016 in Elder Care | 0 comments

Respite Care, also called Short-term Care, is a specialized program aimed at providing the sick and/or the disabled with temporary care; this may last for a few hours, a few days or a few weeks, or on a weekly or monthly basis. While respite care helps ensure that individuals, especially older adults, are provided with the care, medical attention and assistance to daily activities that they need, it is also designed for the benefit of family members who act as their sick loved one’s caregiver. This short-term care temporarily takes the responsibility of caring for the patient (from the caregiver), to give the caregiver his or her needed break from the strenuous demands of caregiving. According to the Centers for Disease Control and Prevention, respite or a short break is beneficial for the patient and, especially, the caregiver, since studies show that many caregivers experience sudden health declines, experience emotional and physical stress, and experience much difficulty in balancing their career and their own family obligations. By availing of a respite care program, these concerns may be addressed effectively.

Respite Care may be provided in the patient’s own home or outside of it, in a facility, like a nursing home or an adult day care center. For In-home respite, patients are visited by medical staffers, who provide the services needed by patients, like administering medication, pain management monitoring, catheter care, wound care, and behavioral counseling. In-facility respite, on the other hand, requires the transfer of a patient to another facility where he or she is provided with full-time care by medical professionals.

Patients who avail of respite care may expect services which include medication management, meal planning and feeding, personal grooming, dressing assistance, laundry and housekeeping, companionship, and transportation to doctor’s clinics or social engagements.

Availing of respite care, according to SeniorAdvice.com, may just prove to be too expensive for some families, though. Now, while private savings and insurance may help a lot, the site goes on to say that patients may possibly qualify for Medicare or Medicaid.

While a patient can receive respite care (for up to five days at a time) in a Medicare-accredited nursing home facility or hospital (with Medicare shouldering up to 95% of the costs), this is only possible if the patient has a life-threatening illness and meets the requirements for the hospice benefit.

Medicaid, which is designed to complement Medicare and private insurance, provides seniors, children, and those with low incomes, superior health coverage by making families avail of the 1915(c) waiver. This waiver will offset costs of in-facility or in-house services.

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