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Guam | SEONewsWire.net http://www.seonewswire.net Search Engine Optimized News for Business Mon, 01 Aug 2016 20:37:08 +0000 en-US hourly 1 https://wordpress.org/?v=6.0.8 Recent Court Ruling Creates Difficulty Obtaining Documents from Nursing Facilities http://www.seonewswire.net/2016/08/recent-court-ruling-creates-difficulty-obtaining-documents-from-nursing-facilities/ Mon, 01 Aug 2016 20:37:08 +0000 http://www.seonewswire.net/2016/08/recent-court-ruling-creates-difficulty-obtaining-documents-from-nursing-facilities/ Frequently, disputes with nursing homes related to resident care arise. When they do, the contracts, policies, and documents of the nursing facility become critically important. A recent Supreme Court of Virginia decision found an executor’s attempt to obtain those documents

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Frequently, disputes with nursing homes related to resident care arise. When they do, the contracts, policies, and documents of the nursing facility become critically important. A recent Supreme Court of Virginia decision found an executor’s attempt to obtain those documents via court action to be inappropriate. This ruling affects the ability to bring an action on behalf of a loved one (or their estate), and it is important to understand for anyone who has loved ones in a nursing facility.

On July 14 in Cherrie v. Virginia Health Services, Inc., the Supreme Court of Virginia precluded an Executor’s action under the Declaratory Judgment Act compelling the production of policies and documents by a healthcare facility. The Executor’s action used rights found in Virginia administrative regulations as premise for the action. The Supreme Court of Virginia avoided construing the application of the term “residents and their designated representatives” found in the regulation and instead limited the holding to the availability of the Declaratory Judgment Act in enforcing duties of regulated parties. The method used to seek the documents was found to be improper, because administrative remedies were more appropriate than a court proceeding. Furthermore, the administrative regulations were held not to create a right to bring an action.

This decision clearly eliminates an avenue for obtaining documents from nursing facilities, but does not resolve the issue of how to obtain such documents when necessary. If the individual is in the nursing home is still alive, the nursing home resident or the resident’s designated representative can request copies of the documents. In the case of a deceased resident, it is unclear whether the nursing home has to provide those documents to the personal representative of the administrator’s estate. Given the confusion generated by this case, it is critical to obtain copies of these documents before a problem occurs at the nursing home.

In the event an incident occurs at a nursing home, it is critical to consult an attorney. The nursing facility may refuse to provide requested documents unless a party has certain documented authority. An attorney can assist in obtaining necessary documents and taking necessary action.  If no designated representative has been appointed, an attorney can assist in working around that limitation. Furthermore, an attorney can help take necessary actions against the nursing home in a timely manner. If out-of-court disputes with a nursing home drag on, then a subsequent action against the nursing home may be barred due to statutory time limitations. Seeking the counsel of an attorney can help prevent this from happening. The attorneys at Hook Law Center are available to counsel you in how best to manage you or your loved one’s relationship with their nursing home and assist in any disputes that may arise.

Kit KatAsk Kit Kat – Drones with Peanut Butter

Hook Law Center:  Kit Kat, are there really such things as drones armed with peanut butter?

Kit Kat:  I know it sounds wild, but yes, the US Fish and Wildlife Service is considering using drones to drop peanut-butter pellets in northeast Montana. The reason—the peanut-butter pellets would be food for prairie dogs who frequently are infected with plague contracted from fleas. The pellets have a vaccine against the flea-based plague. However, the ultimate goal is to help black-footed ferrets, who are currently listed as endangered. In 1987, only 18 black-footed ferrets still existed.

The favorite food source for ferrets? You guessed it—prairie dogs! Prairie dogs make up 90% of this particular type of ferret’s diet. So in a roundabout way, the drones would be actually helping ferrets! The importance of the black-footed ferret is that is also the only one native to the United States. Its food source—prairie dogs—have significantly declined in number as the West has become developed either through farming or increased human population. The pellets have been used in lab trials, but now the government wants to expand their use to 1,000 acre tracts. The only alternative to drones appear to be sending in humans on an ATV. That would be more costly and disruptive to both animals, so the drone is being developed as we speak.

The concept of using drones may be new, but airdrops from planes or helicopters have been used in the past. For example, in 2013, helicopters were used in Guam to get rid of brown tree snakes. 2,000 dead mice, injected with Acetaminophen, a common painkiller for humans, were dropped in the forests there. Acetaminophen, while helpful to humans, is poisonous to snakes. In the 1970s and 1980s, vaccine-stuffed chicken heads were dropped in Switzerland to keep foxes free of rabies. The state of Texas fights rabies to this very day by airdrops of millions of fishmeal-coated anti-rabies packets. Consumers of this bait are coyotes, foxes, and even skunks.

So, once again, technology is being used to help man solve complex problems more efficiently and quickly. Stay tuned as we await more information about this interesting and creative project! (https://www.washingtonpost.com/news/animalia/wp/2016/07/15/drone-fired-peanut-butter…)

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Hook Law Center encourages you to share this newsletter with anyone who is interested in issues pertaining to the elderly, the disabled and their advocates. The information in this newsletter may be copied and distributed, without charge and without permission, but with appropriate citation to Hook Law Center, P.C. If you are interested in a free subscription to the Hook Law Center News, then please telephone us at 757-399-7506, e-mail us at mail@hooklawcenter.com or fax us at 757-397-1267.The post Recent Court Ruling Creates Difficulty Obtaining Documents from Nursing Facilities first appeared on SEONewsWire.net.]]> Laws To Ban Texting While Driving Are Sweeping Slowly Across The Nation http://www.seonewswire.net/2013/11/laws-to-ban-texting-while-driving-are-sweeping-slowly-across-the-nation/ Thu, 14 Nov 2013 17:06:32 +0000 http://www.seonewswire.net/2013/11/laws-to-ban-texting-while-driving-are-sweeping-slowly-across-the-nation/ Washington was one of the first states to recognize that they needed a law banning texting while driving. That happened in 2007, and since that time, all but nine states have jumped on the bandwagon. The Governors Highway Association indicates

The post Laws To Ban Texting While Driving Are Sweeping Slowly Across The Nation first appeared on SEONewsWire.net.]]> Washington was one of the first states to recognize that they needed a law banning texting while driving. That happened in 2007, and since that time, all but nine states have jumped on the bandwagon.

The Governors Highway Association indicates 41 states, plus Washington, D.C., the Virgin Islands, Guam and Puerto Rico now all have laws in place banning texting while behind the wheel of a vehicle.

There are 14 states that not only have a ban on texting while driving, but have taken the law one more step by banning hand-held e-devices altogether. One state, Tennessee, bans reading or sending messages while a driver is in motion, but they may text while stopped at a red light. They also allow drivers to talk on cells while driving.

Many pundits feel that in the near future, Tennessee will take a look at their traffic accidents statistics and decide a complete ban may make more sense. Other states are still trying to decide whether to impose more laws on their citizens or not, while federally, the U.S. Transportation Secretary wholeheartedly supports a federal ban.

The nine states that are still trying to determine which way to go on the texting while driving issues are Texas, South Carolina, Oklahoma, Arizona, Mississippi, Montana, New Mexico, South Dakota and Missouri.

Banning what people see as their “right” to use cellphones and other mobile devices is always a hot button issue. However, even those who oppose this type of ban agree that something needs to be done to reduce the death toll as a result of distracted driving.

If you have been in an accident involving a distracted driver, contact an Austin personal injury lawyer for assistance in making a claim to the courts for compensation for your injuries.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.478.8080

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