Archive for September, 2008

How do I File a Worker’s Compensation Claim

Tuesday, September 30th, 2008

If you have been injured at work, it is very important that you file a worker’s compensation claim. Even if you feel your injury is minor, you should be examined by a doctor and make note of the injury in case you wind up with complications later.

Worker’s compensation is run by the state and it provides compensation to those who have been injured or become ill because of their job. You can get worker’s compensation regardless of who was at fault in most cases. However, you are generally not allowed to sue your employer because you can get benefits through the worker’s compensation program.

Each state has its own regulations regarding worker’s compensation. You will need to check with your local worker’s compensation office in order to determine what you need to do in order to file a claim. In some cases, you might wish to contact an attorney to help you with your claim, especially if you have been badly hurt. If you hire an attorney, you will want to hire one that is located in the area in which you are employed because they will know the applicable laws in your particular state. For instance, if you work in Boston, you will want to get in touch with a Boston personal injury lawyer. You might also consider hiring a lawyer if your case has to go through an appeals process. Again, if you live in Boston, you should be talking to Boston personal injury attorneys throughout the claim process.

Once you have been injured on the job, your first step is to notify the supervisor of your shift. You should immediately be excused from work. You should go right away and seek medical attention. Your employer might have a particular doctor which they will require you to see. You should check with human resources before heading out to see if this is the case. If you need emergency care, however, you should not wait. Take care of your medical issues first and then you can follow up with your employer.

There might be a time limit as to how long you have to file a claim, so you should try to do it as soon as the injury or illness occurs. Human resources will generally be able to provide you with the paperwork you need or point you in the right direction. You will then want to make sure that you promptly file the paperwork with the worker’s compensation office.

Remember to check your particular state’s guidelines as the laws regarding worker’s compensation vary from state to state.

Natalie Aranda is a freelance writer. For instance, if you work in Boston, you will want to get in touch with a joelhschwartz.com/ Boston personal injury attorney. You might also consider hiring a lawyer if your case has to go through an appeals process. Again, if you live in Boston, you should be talking to joelhschwartz.com/ Boston personal injury lawyers throughout the claim process.

Identity Theft and the Internet: What You Need to Know to Protect Your Credit

Tuesday, September 30th, 2008

Your identity is unique to you: it’s your name, address, social security number, financial status, credit history, mother’s maiden name and credit card numbers. It’s all you have to identify who you are other than your fingerprints. The problem is, identity can be stolen and with the wide usage of the internet, it’s becoming easier and easier to gain other people’s supposedly private information.

If you become a victim of identity theft, there are many consequences. You’ll literally spend years clearing your records (possibly credit and criminal). You’ll probably be denied credit and might even be denied jobs. You could also even be arrested for crimes you didn’t commit.

People who want someone else’s information have several ways to gain it. They can steal information from records where they work or they can look over your shoulder at the checkout line and memorize the information on your check or the numbers on your credit card. Some criminals are starting to go more high tech. They can use devices called skimmers to gain credit card numbers when the information is being transferred to the company. They also often use the internet to scam unsuspecting people into giving them private information.

Phishing is the term used to describe the act that some criminals use to gain account information from people. What they do is send emails posing as respected and established websites that often deal with money (such as eBay) asking for information. They are generally worded to get the people worried that there might be illegal activity on their account and then they ask them to follow a link and enter their personal information including account name and password. The link brings them to a site that mimics the original site (which is actually quite easy to do). When the people enter their personal information, the thieves then use it to go into the accounts and change the password so that the owner is no longer able to access their own account. The criminals then use the account to transfer money from bank accounts (if they are linked to them) or use the credit card information that people have stored there.

You can protect yourself from internet identity theft in the following ways:

- If you think you’ve received a phishing email, do not click on any links given in the email. Instead, open a new browser, type in the address to the website in question and find contact information to call or email them about the email. Remember, they already have your information and will not need you to provide it back to them.

- Be sure to use an anti-virus program as well as a firewall to protect your computer from damaging files and spyware that can track your internet movements.

Five Tips to Help You Prevent Identity Theft (for you and your family)

1. Limit access to your family’s social security numbers by never providing it on non-essential forms and by finding out why people are asking for it. If they want it for identifying purposes, simply request that they assign your or your family member a different identifying number.

2. Always shred any papers that have social security and account numbers.

3. Never give out your personal information over the phone or internet.

4. Protect your credit card numbers and checks when shopping so that people are not able to see them and memorize the information while waiting in line behind you.

5. Teach your children to not give out personal identifying information to anyone, especially over the internet.

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Medical Malpractice - 10 Reasons Why Most Victims Won’t Recover a Dime

Tuesday, September 30th, 2008

Despite popular opinion about the “skyrocketing” increase in malpractice suits and awards, the number of suits has not increased since 1996, and in most cases, plaintiffs receive nothing. There are a variety of reasons why patients do not recover any compensation for injuries suffered while receiving medical care. Most of these issues stem from general misconceptions about medical malpractice. It is important for potential malpractice victims to understand these issues while seeking counsel to represent their case.

1. Patients don’t know they are victims of medical malpractice.

Studies show that roughly 2.9 to 3.7 percent of admitted hospital patients suffer some sort of preventable injury as a result of medical management (i.e., not from the original medical condition). Even more management-related injuries occur outside of the hospital. These injuries are a result of a physician /administrator’s affirmative mistake, or that person’s failure to act in a particular situation. Types of mistakes include errors in diagnosis, use of automated materials, and inappropriate delay of treatment.

However, one of the most common errors occurs with administering medication. The Massachusetts State Board of Registration in Pharmacy estimates that in Massachusetts alone 2.4 million prescriptions are filled improperly each year, the majority of which involve providing the wrong strength drug, or the wrong drug altogether. Each layer of communication introduces another opportunity for error. Improper diagnoses and negligent supervision of trainees are other common errors, and both have led to disastrous results in many cases. Up to 98,000 patients are killed each year as a result of preventable medical errors, the eighth leading cause of death in the U.S., yet only 10,000 cases of malpractice are filed each year. In the vast majority of cases, however, the fact that a poor medical outcome was caused by malpractice is hidden from the patient.

2. No autopsy was ever performed.

Remember that we must prove both carelessness on the part of the doctor or hospital and that the carelessness resulted in death or injury. In a medical malpractice case that results in death, it is extremely difficult to prove that the death occurred because of the malpractice without an autopsy. This is because there are so many reasons why a person might have died, but we must prove that at least one of the reasons for the death was the negligence of the doctor or hospital.

3. A physician’s poor bedside manner does not constitute negligence.

In the vast majority of cases, even egregiously poor bedside manner cannot be considered in determining whether a physician was legally negligent in providing treatment. We have reviewed many cases where arrogant doctors provided care and the patient was injured. It just doesn’t matter legally that the doctor was a jerk. We must prove, with expert medical opinion that the treatment departed from good and accepted medical care, and not bad bedside manners, that caused injury.

4. The patient suffered no significant damages.

As we noted above, the legal system is not set up to handle small medical malpractice cases. We decline hundreds of cases a year where it appears that the doctor was careless but the resulting injury is not significant. A pharmacist may incorrectly fill your prescription, and you might get sick for a few days. If you have a good recovery, however, you probably don’t have the basis for a case. That’s because the costs of pursuing the case will be greater than the expected recovery. Our Court system may not be perfect, but it does act as a filter to keep out all but the most serious cases of medical malpractice.

5. The physician or hospital’s mismanagement did not necessarily cause the injury suffered.

As discussed earlier, it is very difficult to prove that medical wrongdoing was the reason why the patient suffered the injury that he or she received. The insurance companies have many standard defenses including, for example, that (1)The injury was an unforeseeable consequence of the initial condition/injury, (2)The injury was due to the patient’s non-compliance with prior medical advice, (3)The risk of the patient’s particular injury was a known, recognized, acceptable risk (acceptable to whom?), (4)Some other party was responsible for causing the injury, or (5)The injury was caused by a previous illness or disease.

Medical malpractice claims must show that the doctor’s substandard care, more likely than not, was a substantial factor in causing injury.

6. The injured patient has not retained an experienced attorney.

The world of medical malpractice claims is a world unto its’ own. It has its’ own special rules and laws. We believe that it is imperative that an experienced medical malpractice attorney or an attorney that is ‘teaming up with’ an experienced malpractice attorney represent you.

7. The statute of limitations has expired.

This is the time a person has to start a lawsuit. The time limit is very different for a city, state or municipal hospital than it is for a private hospital or doctor. One reason that you should consult an experienced medical malpractice attorney early is to determine when the statute of limitations expires in your case! DON’T LET YOUR TIME RUN OUT without knowing your legal options!

8. Jurors have been biased by the insurance industry.

The insurance industry has spent millions of dollars funding research to suggest that there is a widespread problem with respect to medical malpractice suits. These studies claim that excessive verdicts are causing malpractice insurers to raise their premiums, forcing physicians out of the medical profession. It has been proven that increased medical malpractice premiums have nothing to do with lawsuit verdicts! Even the American Insurance Association has said that lawmakers who enact “tort reform” should not expect insurance rates to drop! Jurors who hear the insurance company propaganda then award less of a verdict than they would normally have deemed appropriate. Unfortunately, after the verdict is reduced on appeal, malpractice victims often receive less than is necessary to pay their medical bills for treating the subsequent injury that was caused by the malpractice. Even your doctor probably believes that by capping, or reducing damage awards, this will cure all that is ill with the legal system.

Nothing is further from the truth. The medical malpractice insurance companies are in business to make money. Not to pay out money. The more they pay out in claims, the less profit they and their shareholders take home. I have always asserted that if the doctors wanted satisfaction in reducing their inflated premiums, they should look no further than their own malpractice insurance companies. By demanding rate reductions and by threatening to obtain coverage elsewhere, the insurance companies have to realize that their rates must be re-evaluated. Also troubling is why physicians have not banded together to open competing insurance companies in order to obtain reduced rates.

9. The injured patient is unable to hire good qualified medical experts.

You cannot win a malpractice case without a medical expert. A good expert who is willing to testify can be hard to find. It is becoming increasingly difficult to find doctors who are willing to stand up for what is right and to right a wrong. It takes time and money to find the best experts for your case. This is one area where insurance companies have an advantage. If they have a case that is particularly bad for their doctor, they may show the case to many experts before they find one to support the defense (or concoct a defense). They can afford to hire many experts. Most plaintiffs cannot afford to have ten experts look at their case in order to determine which expert will work ‘best’ for them.

Increasingly, doctor’s professional groups are now attempting to bring claims against doctors who testify against other doctors. These claims seek to revoke the doctor’s board certification or punish the expert doctor for testifying for a patient. This has happened recently in the field of neurosurgery and obstetrics and gynecology. The potential threat of professional repercussions for testifying on behalf of a patient will significantly inhibit many doctors from helping injured victims in seeking justice and proper compensation.

10. Juries like doctors.

Folks sitting on juries rely on doctors when they’re sick. They trust their doctor. Their family uses the doctor. The doctor has trained for many years to learn their specialty. How can the doctor be faulted for something that would have happened even if good care were rendered? Fighting a malpractice case is an uphill battle. But, with proper information, the right facts, the right experts and an experienced attorney, you stand a much better chance of knowing the risks of taking your case to trial.

Gerry Oginski is an experienced medical malpractice and personal injury trial attorney and practices exclusively in the State of New York. He has tirelessly represented injured victims in all types of medical malpractice and injury cases in the last 16 years. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

Take a look at Gerry’s website oginski-law.com oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have 139 questions and answers to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there’s something of interest to you on this site. oginski-law.com oginski-law.com

A Video Is Worth A Thousand Words - Court Dismisses Protesters’ Action For Malicious Prosecution

Tuesday, September 30th, 2008

None of us sees the same events through the same lens. But is it possible that some of us see events through lenses, while others see the same events through kaleidoscopes? The answer to this question could not be better illustrated by the First Department’s decision yesterday in Rivera v City of New York, 2007 NY Slip Op 04153. The case arose out of a demonstration which occurred in the Bronx in 1992. The plaintiffs and several other members of a group called Positive Workforce, Inc. participated in a demonstration at Orchard Beach to protest what they believed were discriminatory practices by beer maker Anheuser-Busch. While the demonstration was occurring thousands of others were attending a concert on the beach. The protesters marched, chanted, held up placards and handed out fliers.

Although the protesters did not have the required park permit to demonstrate, the police did not interfere with their demonstration because, up until the time the concert was about to end, the demonstration was organized and peaceful. However, at about 5 o′clock, the police became concerned because the majority of concert goers would exit by way of the boardwalk where some of the protesters were still handing out fliers. The police thus requested the protesters to leave that area. The protesters admittedly refused to comply with police directives. Some members of a gathering crowd began chanting “racism,” and some plaintiffs admitted they joined in. A large crowd gathered, people began throwing bottles and rocks, and a brief scuffle ensued between police and the protesting plaintiffs. The police arrested four plaintiffs and issued summonses to another three. As a result, the plaintiffs were charged with various crimes including assault in the second degree, rioting, resisting arrest, inciting to riot, and disorderly conduct. All of these criminal charges were eventually resolved in the plaintiffs′ favor.

Accordingly, thereafter, the plaintiffs commenced this civil action for damages, alleging excessive police force, malicious prosecution, and false arrest,. In addition to witness testimony, three videos of the incident were introduced into evidence and repeatedly shown to the jury. The jury returned a verdict in favor of the plaintiffs and awarded some $81 million in damages. The trial court denied the City’s motion to set aside the verdict, but did grant an application to reduce the award to $635,000.

On appeal, the First Department, after viewing the video found that there was simply no basis for the jury’s finding. The Court stated in part:

[T]he record unequivocally shows that the police first approached plaintiffs in a friendly manner at a time when the boardwalk was crowded and requested that they stop handing out fliers and leave.

[I]t is impossible to hold that there was any valid line of reasoning or permissible inferences that could have led this or any jury to conclude rationally that these defendants were liable for malicious prosecution based on lack of probable cause. To the contrary, the evidence of probable cause in this record is strong and free of ambiguity.

Any rational person, objectively looking at the video and reviewing the other evidence, would find the police more than justified in their concern that this episode might escalate into violence. * * * There is no proof in the record — particularly on the video — from which a jury could conclude that defendants acted with malice.

The Court thus dismissed the complaint in its entirety against the City [the Court also found the reduced amount of $635,000 in damages to be excessive].

How can it be that two separate groups of supposedly rational people can view the same visual record of events and come to completely opposite conclusions? Is it, as suggested by the First Department, that one of the groups is not rational, but rather motivated by bias, prejudice, or differing notions of what justice is? If visual evidence can be so differently interpreted, what about non-visual evidence? These questions certainly should give all pause to consider just how tenuous justice may be. It is this writer’s belief that civil justice (or criminal justice for that matter) is only workable if there is a set of commonly held beliefs as to what is right and wrong, what is just and unjust, and what is and what is not. This is certainly not the first case in which a visual record of events has been so oppositely interpreted. But it is perhaps a warning and reminder that perhaps our society has become so fragmented that civil justice has basically become a crap-shoot, a random roll of the dice. For justice’s sake, perhaps it might be better if we focused our attention not on new laws, regulations, or shifting notions of liability, but rather on re-establishing a set of commonly held beliefs on the above listed notions.

I am the publisher of a blog entitled New York Legal Update found at nylegalupdate.com nylegalupdate.com The purpose of New York Legal Update is to cover, to the extent possible, important current developments in both civil and criminal law in New York. Both substantive and procedural developments are covered. Primarily this is accomplished by digesting recent cases in the State appellate courts. When appropriate, decisions of the Federal Courts are also discussed. In addition, however, legislative and regulatory changes are also covered. This service is intended to reach the legal practitioner and members of the general public seeking legal news and information about the legal process. This service is also intended to act as a forum where I and others will comment on legal developments with the intent of advocating for laws and a legal system which are less complex and better serve the interests of society.

Importance Of Involvement In The Process Of Learning

Monday, September 29th, 2008

For learning to be effective, practitioners need to understand, current thinking on how learning
occurs and the various ways in which adults learn.
Learning can occur through observation and participation opposed to
teaching through definition and theory, depending on the situation.
How adults learn, is crucial to the whole learning and teaching
process.

This assignment will explore the teaching and learning process through
a micro teaching relevant to practice. This will be evaluated through
personal reflection and linked supported by the relevant policies.

The teaching process can be defined in many ways. A learning
approach/theory has been developed to cover each aspect, all of which
are outlined below.

The behaviorist approach is more commonly known as classical and
operant conditioning and is based on a stimulus-response. Pavlov first
introduced classical conditioning. He observed the behavior of dogs
and their salivation at the sight of food. Pavlov deemed this an
unconditional response. He developed this further and sounded a bell
with a meal and discovered the dog would salivate upon hearing the
bell only. Pavlov called this a conditioned response.

E.g. Food (US) ——————————————Salivation
(UR) - UNCONDITIONED

TRIAL PAIRING OF FOOD WITH BELL

Food (US) Bell ———————————-Salivation (UR)

Bell (CS) ——————————————-Salivation (CR) -
CONDITIONED

However, Skinner (1968) introduced operant conditioning. Skinner
experimented with rats. He designed boxes for the rats, which housed a
mechanism that delivered food pellets each time the lever was pressed.
In the rats’ natural behavior, it makes accidental contact with the
lever three or four times and food is delivered. After this the rat
demonstrates an intentional behavior. This indicates learning has
occurred.

Carl Rogers and Abraham Maslow developed the Humanistic approach in
America in the 1960’s in a reaction against the two other prominent
psychology approaches. The emphasis is placed upon the individual and
the stimuli, which motivates individuals to perform certain
behaviors. Maslow’s hierarchy of needs demonstrates this.
Bruner developed the Cognitive approach, in the late 50’s and early
60’s. Bruner compared the mind to a computer, stating that we too are
information processors. He studied the internal mental processes
between the stimuli we receive and the responses we make. Cognition
means to know and the cognitive processes refer to the ways in which
knowledge is gained, used and retained. Cognitive psychology is the
most dominant approach to psychology today.

Constructivist learning approach is a follow on to the cognitive
approach. However the emphasis is placed upon the individuals self
awareness and view on their own learning.

Bandura introduced the Social learning theory in 1977. The theory
states that we don’t merely learn through positive and negative
reinforcement but through imitation. We copy another individual’s
behavior due to identification - we identify with them and
internalize - you become the person. Bandura demonstrates this by
showing a group of children a doll being physically attacked. The
children were later presented with a replication of the doll and were
found to imitate what they had observed.

A domain of learning approach was developed by Bloom in 1972. He
identified the three stages in which learning occurs as the:

Cognitive - knowledge gain

Psychomotor - skill development

Affective - attitude formation.

Research and evidence has proven that no single theory can cover all
aspects of learning. Classical and operant conditioning
stress the importance of immediate feedback in learning to maintain a
positive attitude to learning. However, Cognitive and the domains of
learning, enable clients to develop problem solving skills and the
underpinning knowledge of theory and skills. Each theory has pros and
cons, determining which theory relates to your personal situation,
will assist in effective learning. To demonstrate this, I will analyze
the learning theories and teaching process, in accordance with
planning and delivering my own teaching.

Planning and delivering teachings, is a complex procedure
incorporating many factors. If these are covered in a logical order,
then an effective teaching with positive outcomes should occur.

To ensure this occurs, a process known, as APIE should be followed. If
you Assess, Plan, Implement and evaluate, then your teachings
effectiveness is measurable.

One of the most important factors is to decide what to base your
teaching on and identify your target audience, learning environment,
barriers to learning and relevant policies.

My teaching was based upon Cardiac rehabilitation with regards to
exercise, targeting adults from a multi cultural society who were due
to be discharged from hospital following Coronary Artery Bypass Graft
surgery. In order to make my teaching suitable for the adult learner,
I understood it had to be flexible, with regards to date and timing of
the meeting. Use learning theories/ styles with the emphasis on
discussion and negotiation and place them in control as this
contributes to the fundamental system of life long learning. Recognizing the individual is also extremely important, as understanding their individual needs is imperative. According to
Hudson 1968, research has been carried out by psychologists to
highlight the different ways in which we approach and process
information. However, due to the nature of the teaching, it was
extremely important for me to maintain a degree of control, in
order to guide patients through an uneventful recovery.

I planned for the teaching to take place within the hospital
administration sections seminar rooms, in a hope to reduce the number
of distractions and attempt to increase the individual’s attention
span and concentrate on planning for discharge.

My teaching was linked to the following policies, National service
framework - cardiac rehabilitation, NHS plan - working in partnership
with patients and care delivery in the 21st century.

The National service framework is the most prevalent. This details the
need for client education and stresses the importance of prevention
(DOH 2000). The first four standards emphasize the importance of
prevention and educating clients with regards to healthy eating,
increasing physical activity, reducing obesity and the percentage of
smokers in society. Standard 12, discusses the need for education
prior to discharge for patients whom have been admitted and diagnosed
with Coronary Heart disease.

With my target group and teaching environment identified, I proceeded
to identify potential barriers to learning, with communication being
my priority. I had to ensure that English was spoken and understood
clearly amongst the patients, which in this case was; otherwise
provisions for an interpreter would have been arranged. Ensuring
patients with a hearing impairment, would hear me, I would speak
slowly, loudly and clearly and patients with a visual impairment could
see me. Handouts would be made available in large print and on
audiotape. The less abled amongst the group would be accompanied by
nursing staff. The seminar room was accessible for all, including
wheelchair users.

Having covered all aspects of the initial planning stages, I devised a
structured and detailed teaching plan incorporating the teaching
methods to be used and aims and objectives for the session. The aims
and objectives were to be specific, measurable, attainable and
recordable targets. I finalized the time scale for the teaching and
all relevant handouts (copy enclosed for your perusal), well in
advance. I had the teaching proof read by an independent source, to
ensure it was clear and precise.

Access to the seminar room, was arranged in advance, so I could
arrange the furniture accordingly and remove any potential
communication barriers (Maslow 1964 cited in Atkinson etal 1987)).

On the day of the teaching, I arrived early, to ensure everything was
in place, greeting patients as they arrived, in attempt to put them at
ease. Once everyone had arrived, I welcomed them and explained who I
was, exactly what my role entailed and what my plans for the session
were. My objectives were:

1. For the patients to understand what exercises they could do and
over what duration.

2. Know the underpinning knowledge and the positive/negative effects.

3. For everyone to feel comfortable with one another and to ask
questions at any time.

The teaching followed an active format, with group participation and
demonstrations and knowledge at the same time. The teaching session
was based upon the Social learning theory and the cognitive approach.
The social learning theory was most relevant due to its components of
positive and negative reinforcement and imitation. When learning
within the group situation, individuals often can feel intimidated by
others, however if all patients worked together, then they copied each
other, imitated and internalized with one another. This was a positive
outcome from the participation perspective of the session, however the
patient or patients who began to stray from the exercise regime for
example, exercised more than was recommended, then their recovery had
a possibility of being delayed and other patients sometimes imitated
this behavior or felt belittled and depressed as they couldn’t
exercise as much or as often. In order to reduce these factors,
positive and negative reinforcement were used. Patients were praised
on their achievements and progression and a more negative approach was
used to those who were straying from the programme although praise was
given for their commitment and enthusiasm. The cognitive approach was
used as a guide for ensuring the patients had the underpinning
knowledge about the exercises. This approach likens the human mind to
a computer, using a stimulus-response mechanism, also similar to
classical and operant conditioning. One hoped the patients would
internalize the theory given to them, which included exercises and
possible side effects if too much or too little was carried out and
liken it to themselves with the response being any side effects they
incurred.

The two theories were used accordingly as one thought the cognitive
approach reduced the number of negative factors with the social
learning theory. The pros and cons with each theory and found the
social learning theory to be essential for group participation but
didn’t account for individualization, which the cognitive process
accounted for. When used together, they supported my teaching style
appropriately. Not all theories work together, it is determining your
personal teaching style, target audience and teaching subject which is
most important and the theories are a reference.

Having completed the teaching on Cardiac rehabilitation with regards
to exercise following surgery, feedback was received. The feedback was
of a written format from 7 independent clients, evaluating the
effectiveness of the teaching, including interest in the topic, eye
contact, information given and amount of client participation. The
feedback was all of a positive perspective, especially highlighting
the motivation and interest shown towards the topic.

Due to the feedback, received, being from a small proportion of
society participating in these classes, the results demonstrated
cannot highlight a true reflection of the teaching. In order to
achieve this, the teaching would have to be delivered to a number of
clients and other rehabilitation nurses from across the area for
comparison, however due to time constraints, this was not possible.

If the teaching session were to be repeated in the future, one would
hope to be able to capture a wider audience from within and outside of
the healthcare profession, using current feedback to build upon and
construct a more effective teaching. One believes the teaching, which
has been delivered, was of a positive outcome as the focus was
concentrated on demonstrating motivation and a high degree of
interest, which was shown in the feedback.

The ideal teaching would incorporate every aspect required, however
due to time restrictions and limited facilities it is virtually
impossible to deliver a teaching which is suitable to every client.
The one solution to this would be to divide clients into groups, of
similar age, ethnic groups and physical and mental ability, however
due to equal opportunities, disability acts and race relations, this
could never occur. One hopes this would never happen in the future as
every client brings something unique and positive to them to each
session. We all learn from one another and one believes if another
teaching were to be, carried out it would be improved, due to
experience.

Having carried out the research and undertaken the teaching, the
importance of client education is extremely important. Government
policies are beginning to highlight this loophole and health
professionals are beginning to visualize society in the future if
client education doesn’t occur.

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Texas Cerebral Palsy Lawyer

Monday, September 29th, 2008

Cerebral Palsy is a serious medical condition, which effects children’s control over their muscle movement. ‘Cerebral’ refers to the head while ‘palsy’ relates to problems controlling the muscles in the body. Children who develop cerebral palsy may not be able to function in the same way that other children do, which may include problems walking, eating, talking or enjoying everyday play. This condition may be caused by damage to the brain either before, during or after birth. Cerebral palsy does not get worse, but the effects can worsen over time. It first develops due to faulty development or damage to the motor areas in the brain.

There are different causes behind the development of cerebral palsy, which is why you should contact a Texas cerebral palsy lawyer if you feel that your child is suffering due to medical negligence. When searching for an accomplished Texas cerebral palsy lawyer, consider looking through the telephone book or the internet. There are a number of listings and it may be necessary to consult with more than one Texas Cerebral Palsy lawyer before making a final decision. Many attorneys will offer a free initial consultation, which will give you the opportunity to meet with more than one Texas cerebral palsy lawyer without having a large out of pocket expense.

There are many risk factors, preventative measures and treatments involving cerebral palsy. A Texas cerebral palsy lawyer will guide you through these subjects and fight for your child’s right to all future medical costs in the event of medical negligence. There are different types of cerebral palsy, which a qualified physician or attorney may be able to explain. It’s difficult to pinpoint the exact cause of this illness, but preventative treatments and early diagnosis are key in helping a child.

This article should not be construed as medical, or legal, advice. If you have any questions regarding this illness, or possible legal actions against a physician or facility that you feel may be responsible for your child’s cerebral palsy diagnosis, contact a Texas cerebral palsy lawyer immediately. A Texas cerebral palsy lawyer should be forthcoming with answers to all of your questions, should sit down and discuss possible legal actions and the various options for recovering damages. Your child may be entitled to future medical care for the rest of their lives and it’s important to contact a Texas cerebral palsy lawyer as quickly as possible in order to protect your child’s rights.

Terry Dunn is author of Texas-Lawyers-Online.com Texas-Lawyers-Online.com and informational resource relating to Texas Lawyers

Protect Your Identity - How Do Thieves Get My Identity Details?

Monday, September 29th, 2008

Much like the X files, “Your Information Is Out There”. Identity theft relies on the fact that your information is out there, and that most people don’t bother to check on their identity information regularly. There are lots of avenues for an identity thief to grab your private information.

The most common variety, and the lowest tech, and thus, the hardest one to crack, is physical theft. Someone can lift your purse or wallet, or go through your garbage can for old credit card offers, or even intercept your mortgage booklet, and get enough information to establish credit cards in your name.

While using your credit card has become safer, it’s an arms race between the security provided by your bank and the attempts to break it by the thieves looking to make a fast buck. Try to make sure that your credit card never leaves your sight when you’re eating out, or making a purchase. Always take your slips with you rather than tossing them out, and in general watch the physical accoutrements of a credit card sale.

When making credit card purchases over the phone, recall that phone lines can be tapped, trivially. This is one of the cases where Voice over IP helps – it’s harder to reconstruct pertinent information when it’s all packetized.

Speaking of security over packetized information, most secure web sites really are more secure than doing a physical transaction with your physical card, provided you follow some basic rules of the road. First, never do banking information on a publicly accessible computer, or in a public WiFi hotspot. There are several ways for someone with a laptop to hijack a WiFi hotspot, like at Starbucks, and pretend to be their secure connection point. All it takes is one keystroke logger, and you’re hosed.

On your own machine, run anti-spyware software regularly, and set it to deep scans. The number one cause of electronic identity theft comes from spyware networks harvesting credit card information. Similarly, beware of phishing attempts. Never follow a link to your bank, always type the URL into the browser directly.

The other phase of identity theft comes from correlating stolen identity information with public records. Having a credit card is less useful than having a credit card tied to a physical address where mail can be intercepted. Even better still is having a credit card tied to a social security number. Because of the way that Google will do reverse lookups on telephone numbers, it’s possible to gather a lot more information in less time than ever before.

Even confidential information can be found online, or even bought from your employer, depending on local regulations. Even worse, there are now services that let you dig up information about nearly anyone with a minimal fee and minimal starting information. Most of these can be used in reverse lookup information to find out more about you than you thought was available. Even innocuous seeming information, like sporting club memberships, or club affiliations can give someone the “in” they need to do identity theft. Similarly, someone with access to credit or loan or school admission information can sell that data to other people, even medical information can be bought or sold.

With all this information floating around, it’s remarkable that it hasn’t become commoditized – in fact, it has become commoditized. Credit reporting and direct marketing companies will sell filtered versions of the data. Sometimes unscrupulous persons can buy multiple sets of filtered data and cross correlate them to find out about you, or use them indirectly to do you mischief. One of the more recent scams is setting up a corporate shell with a plausible need to get credit reports (such as a rental agency or car leasing service) and directly subscribe to the three credit bureaus.

Unfortunately, privacy legislation isn’t keeping up – the outlook requires that you watch your credit report regularly, and immediately contest anything unusual.

Leon Edward provides free information online on identity theft prevention, internet privacy and FREE Identity Theft Prevention Checklist at his website PreventIdentityTheftFraud.com PreventIdentityTheftFraud.com

Learn How to know your information is stolen, ‘phishing’ for your information, what to do, how to restore your reputation and resources to know. Information online to educate you on internet privacy, protect your childs privacy, your rights to privacy all at at his website PreventIdentityTheftFraud.com PreventIdentityTheftFraud.com

Leon Edward is an Independant Associate of Identity Theft Shield (tm.) where you can find protection for your family from Fraud Thieves. Learn more Leon Edward , Identity Theft Protection and Affordable Legal Services at preventidentitytheftfraud.com/about.html preventidentitytheftfraud.com/about.html

Abortion Law

Monday, September 29th, 2008

Abortion is ending the life of a fetus. Many people consider abortion as a woman’s right and something related to personal liberty, freedom and privacy while others explain and interpret abortion in terms of number of innocent deaths before birth and hence considers it as unethical, inhuman and unacceptable.

In recent times political parties have used abortion as a potent opportunistic issue to garner support for their campaign. For example, pro-choice that equals pro-death of an innocent child was a hot political issue recently. Politicians found convincing people and making laws to support abortion in terms of killing a fetus a very difficult task but found it easier to get people to understand abortion in terms of privacy rights.

The legal verdict in the case of Roe (a woman seeking the right of legal autonomy for abortion against the wishes of her husband) vs. Wade (the husband wishing the birth of the child and opposing abortion) has in a way legalized and legitimized unrestricted abortion. Probably all Americans do oppose killing of an unborn fetus. However, at the same time privacy rights are very dear to them and therefore, they will not tolerate any interference by the federal government in their personal private affairs.

Most Americans believe that abortion is safe and legal. But abortion done under unsanitary and unhealthy conditions is not safe. Unsafe conditions may lead to injury or death. Sufficient legal remedies have not yet been formulated in the United States for regulating medical procedures for abortion and for maintaining safe clinical standards.

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There Goes That Attorney Leaving a Trail of Money Again

Sunday, September 28th, 2008

One way a legal assistant can make herself absolutely indispensable to her boss is to help him keep up with his billable time. Sounds strange, doesn’t it, that someone would have to FIND an attorney’s billable time. It gets lost.

Let me explain.

At the beginning of the work day, a paralegal or legal secretary checks her boss’ calendar. It is filled with activities like:

1. Court appearances;
2. Depositions;
3. Meetings/consultations
4. Mediations;
5. Phone conferences;
6. Continuing Legal Education seminars; and
7. Deadlines.

There are also unwritten items that fill the rest of an attorney′s day, including time for:

1. Research;
2. Dictating correspondence and pleadings; and
3. Returning phone calls.

It seems pretty straightforward. How does billable time get lost if it’s so easily apparent?

Busy attorneys are just that – busy. Off they go to cover hearings that are on a court’s motion hour docket. They may have even been asked, on the way out the door, to stand-in for another attorney’s motions. If the court isn’t conveniently local, there is drive time involved that may be billable. The mileage may be reimbursable. Some work may be accomplished during drive time, in the form of dictation or phone calls. He might make a quick detour to view an accident scene that’s the site focus in another case. Once at court and while waiting for cases to be called by the judge, there’s a chance to discuss settlement (of that case, or an entirely different one) with another attorney.

Motion hour runs long. The attorney makes it back to the office just in time for a client consultation, which turns out to be more involved than originally detailed. In-between meetings, calls are returned rapid fire. More dictation. A senior partner assigns a big research project to the attorney, who is now wondering at this rate if he’ll be able to leave the office by 7:00 pm for his daughter’s birthday dinner.

Do you begin to see how billable time might get lost in the shuffle?

Even the most organized attorney needs assistance in capturing billable time. In a day’s rush, not recording one phone call and momentarily forgetting that settlement discussion with opposing counsel at motion hour means loss of earning. The loss created by many unrecorded entries throughout the year creates a major impact on a firm’s income.

Diligent legal assistants remain aware of their bosses’ activities. They are in contact with their attorneys throughout the day, in-person or by phone and e-mail. Little reminders to record billable events are very welcome and appreciated.

Help your career by helping your boss’ career. He will thank you for it.

Are you fascinated by trials? Do you like helping people? A career as a Paralegal is challenging, rewarding, and NEVER boring. Sign up for my free newsletters that show you how to step into this exciting career. Adventures await you….

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Laura McDonald is a paralegal, employed by Michael L. Hawkins & Associates, P.L.L.C. She is a member of NFPA (National Federation of Paralegal Associations). She is experienced in the areas of personal injury, civil litigation, family, environmental and corporate law, estate planning and bankruptcy.

Juvenile Criminal Records

Sunday, September 28th, 2008

Nowadays, gaining access to the criminal records of people is a fairly easy process. This is because firms and individuals can easily request for information from a number of sources that provide them. However, the process is not very simple when it comes to gaining access to juvenile criminal records. One reason for this is that the criminal records that are maintained by both state and federal authorities that they open to the public are records of adults. In addition to this, the laws regarding juvenile criminal cases significantly limits access to these kinds of records as a way of protecting a young person’s welfare given that juvenile criminal cases are treated differently by the justice system.

How juvenile criminal cases are treated by the justice system

The criminal process that is followed in juvenile criminal cases is not the same with the process that is followed when the accused is an adult. This is mainly because in juvenile criminal cases, the juvenile is charged with being a delinquent or engaging in delinquent behavior instead of being charged for a specific crime. In addition to this, these kinds of cases are tried in a juvenile court wherein a court judge would sentence the delinquent with the aim of rehabilitating the juvenile. Another major difference is that juveniles do not have the right to a trial by jury. However, if a juvenile is accused of committing a serious crime such as murder, the District Attorney, with the permission of the judge can try the juvenile as an adult.

What happens to their records?

As a rule, all juvenile records are supposed to be closed and confidential at the court’s discretion and it is also solely dependent on the court if these records would be expunged or destroyed. However, the common practice with regard to destroying juvenile records across different states is that when the juvenile reach legal age, the court would order the records destroyed. Given this, access to these records is very limited and lawyers who may want to look at the juvenile record of an accused would have to prove that it has direct relationship with the crime that an adult person is accused of doing.

Unlike with the criminal records of adults, gaining access to juvenile criminal records can be a very difficult process. This is because of the different way juvenile cases are treated by the justice system, which is aimed at protecting the welfare of the juvenile. In addition to this, there are strict laws that also protect these records from being accessed, which also adds to the difficulty of gaining access to juvenile criminal records.

i-criminalrecords.com Criminal Records provides detailed information on Criminal Court Records, Criminal Records, Criminal Records Online, Criminal Records Search and more. Criminal Records is affiliated with e-CriminalJustice.com Masters Degree In Criminal Justice.