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Understanding Bail

Posted by on 3:52 pm in criminal defense | 0 comments

Bail is one of those words that we all hear all the time, and yet most of us don’t actually know what it means. Recently, California passed a law that ended cash bail. Good? Bad? Who knows? Someone in the news is denied bail. Good? Bad? Who knows?

This may not seem like something worth knowing about, but that’s only because you haven’t ever needed to understand it…yet. None of us can be certain that we won’t need to ever post bail, either for ourselves or someone we know.

Because of that, we should all have a decent idea of just what bail is.

Thankfully, Horst Law in Nashville has provided a pretty comprehensive explanation of the process for us.

Before getting to how you post bail, we have to talk about a few basics. First, we should discuss why bail exists at all. Bail exists to ensure a person who has been charged with a crime shows up in court. The idea is that if there is no financial incentive to show up, far more people would simply run away after they’ve been charged. If you pay bail, you only get that money back once the person charged shows up in court to face those charges.

Next, we need to know how bail is determined. According to Horst Law, this can happen in two ways. A bail amount can be set for small crimes within the first day. Otherwise, the police can request a judge to set the amount, which can take up to five days.

Until the amount of the bail is determined, there’s not much you can do to get out of police custody.

Now that there’s a bail amount set, you can pay it in several different ways. You can put the whole amount up in cash or check. You can also put property up as collateral for your bail. Finally, you can get a bail bond through a bondsman. This typically means you put up about 10% of the bail and the bondsman then provides you with a bond. If the person then fails to show up for their court appearance, though, you may owe the bondsman significantly more than the initial bail costs.

Remember, again, that you do get bail back so long as the accused shows up to face charges. In that case, it is really just about having the money or property on hand to handle the initial cost.

However, if that person doesn’t show up, you will forfeit the bail costs. So, if you are ever asked to post bail for someone, be sure they are a person you can trust to show up for their court appearance. Otherwise, you may be putting your house or your savings at risk.

I hope this helps anyone who will ever be in the unfortunate position of needing to provide bail for either themselves or for someone they know. These are just the basics, but I hope this outlines exactly why someone needs bail and what the risks are for you.

The history of the lawn

Posted by on 3:57 pm in Landscaping | 0 comments

There are few things quintessential to the American image as the perfectly cut lawn. If the ideal of America since the 1950s has been the suburb, the greatest hallmark has been the uniformity of the grass out front of every uniform house.

But why is that? Why does America spend so much on landscaping every year just to create a plant that serves no purpose? Especially when that plant is meant to just look like everyone else’s?

According to Scientific American, the answer is in the question. The desire for uniformity, or excelling at uniformity is a form of a status symbol that America has cultivated in the suburbs. While city dwellers show little interest in this point, suburban Americans work tirelessly not just to have a lawn of equal standing to their neighbors, but to surpass their neighbors in quality. That means no weeds, softer grass, and constant maintenance.

The history of grass outlined in the article is fascinating in its own right. The grass that most think of as so quintessentially American is actually an import from Europe and Africa. Kentucky bluegrass, for instance, which is now the favorite choice of American lawn growers, came from Africa. Even things like dandelions and other weeds were not found here when the first settlers arrived. They piggybacked in the grass seed that was requested to brighten up the landscaping. Even back then, Americans were landscaping enthusiasts, it seems

The actual invention of the lawn (because it had to be invented, it does not occur naturally) came from the English and the French originally. Anyone who has visited the great estates of either country will notice the primitive form of the American lawn immediately. There, the lawns are vast and expansive over acres, punctuated by small ponds and patches of cultivated forest and flower gardens. They were a sign of opulence, one our founders (especially Thomas Jefferson) greatly admired and attempted to emulate.

The move from estate to suburb is perhaps an obvious one. Since most Americans desire to appear as wealthy as possible and most Americans are not wealthy enough to own estates, the obvious compromise is a small patch of landscaping that is as close to an English estate garden as possible. That means well-cut grass, a tree or two, and a flower garden.

Beyond this obvious motivation, there was a secondary route the lawn took to reach the suburbs: the public park. City parks are often modeled on their European counterparts, which are often large lawns with a few trees. When Americans moved from the cities out into the new suburbs, they emulated this model of leisure.

And from there, we reach the great sprawl of the American lawn, America’s favorite crop, and one no one eats at that. The lawn’s history stretches all the way back to the country’s founding, and it is, with its mix of immigration, borrowed and mixed culture, and emulation of wealth, about as quintessentially American as it gets.

Improper Treatment

Posted by on 11:47 am in Medical Malpractice | 0 comments

The Karlin, Fleisher & Falkenberg, LLC, explains that though the prompt diagnosis of a medical condition will be critical, it is far more important that the diagnosis be correct. Sadly, serious health conditions do get misdiagnosed and patients end up undergoing treatments they do not actually need. Apart from the significant consequences a patient may suffer from not having their medical condition treated, it is possible that the wrong treatment they have been receiving will actually be dangerous in and of itself.

Many patients and patients’ families feel that questioning a doctors’ judgment is not only difficult: it is improper. Though they have all the right to do so, they worry that this may send a wrong message to the doctor, who may interpret queries as lack of trust. They should know, however, that even the best and very famous doctors, like everyone else, can commit mistakes. Some of these mistakes are improper treatment.

As different from wrong diagnosis, in an improper treatment case, a doctor has correctly diagnosed his or her patient and, therefore, knows exactly what the patient’s health problem is; however, for whatever reason, this doctor provides his/her patient with the wrong treatment.

There are different ways through which improper or wrong treatment may be committed, some of these include:

  • Giving a patient the wrong dose of a drug;
  • Prescribing a drug to a patient despite such patient’s known allergy to such drug;
  • Delaying, rushing, or performing an unnecessary or a dangerous treatment;
  • Inadequate monitoring of a patient; and,
  • Failing to take the necessary measures which will prevent a disease.

According to the U.S. National Library of Medicine, a patient approaching a doctor expects medical treatment with all the knowledge and skill that the doctor possesses to bring relief to his medical problem. The relationship takes the shape of a contract retaining the essential elements of tort. A doctor owes certain duties to his patient and a breach of any of these duties gives a cause of action for negligence against the doctor. The doctor has a duty to obtain prior informed consent from the patient before carrying out diagnostic tests and therapeutic management. The services of the doctors are covered under the provisions of the Consumer Protection Act of 1986 and a patient can seek redressal of grievances from the Consumer Courts. Case laws are an important source of law in adjudicating various issues of negligence arising out of medical treatment.


Passenger Claims in the Event of a Cruise Ship Accident

Posted by on 8:41 pm in Cruise Ship | 0 comments

For more than 10 years now, the cruising industry has continued to be a very lucrative business. Every year, more than 11 million passengers from the U.S. alone make cruise holiday reservations, some even as early as six months before the cruise schedule (this is to avail of all the perks and discounts). Two major reasons that explain the continuous increase of passengers are the exotic and beautiful cruise destinations and the major improvements on cruise ships, which virtually turn these floating luxury vessels into mini cities that guarantee incredible fun and comfort.

Being on any of the largest and modern cruise ships is already an experience to cherish. Because unlike the old vessels, many of today’s cruise ships are designed with a duty free shop, bars, pubs and nightclubs, buffet restaurants, an aqua health spa a fitness center, hair and beauty salon, indoor and outdoor swimming pools with water slides, cinemas, casino, gym, basketball courts, pool tables, ping pong tables, and other sports facilities, a library, a mini golf course, wall climbing and zip line facilities, and so forth.

With some ships able to accommodate as many as 3,000 passengers per cruise (not counting crew members yet) plus all the possible risks of injuries due to accidents, violence or abuse, the Cruise Lines International Association (CLIA) has ordered on all its members strict compliance with all international, flag and port state requirements, standards and regulations in order to guarantee safety and security of all passengers; this includes compliance with the laws enforced by the FBI and U.S. Coast Guard.

Additionally, all cruise ships built from 2010 onwards should meet the “Safe Return to Port requirement.” This means it should have crew members trained and skilled to act on times of emergency and danger and that the cruise ship itself should be equipped with all the necessary devices, facilities and equipment that will ensure the safe return of all passengers and crew back to port.

While it is true that cruise ship tragedies rarely occur, if one occurs, though, then the effects can be devastating. The usually identified causes of injuries at sea are hurricanes, sea storms, rogue waves, collision with another sea vessel, running aground, striking an iceberg, attack by sea pirates, virus outbreak and fire which, particularly, has been the most common type of cruise ship accident.

A fire onboard can leave a cruise liner floating in the sea without power, air-conditioning and/ or a working septic system. Most fires start in the engine room, due to a leak in the fuel oil return line; however, there have also been instances when the start of a fire can be traced to the generator room, boiler room or one of the cabins.

As explained by The Vucci Law Group, P.A., in the event of an accident, filing of a civil lawsuit for the compensation that a victim may be legally allowed to claim will not be simple. This is because besides the statute of limitation (the duration of time within which the lawsuit will need to be filed), there is also the concern of jurisdiction, which means a lawsuit cannot just be filed anywhere.

Cruise ships indicate in their ticket contract a forum selection clause. This identifies the place where a lawsuit may be filed (to this end, many cruise liners name the U.S. District Court in the Southern District of Florida). If an accident has occurred on land, during a shore excursion, however, then the details leading to the filing of a lawsuit can change altogether. Thus, due to the complexity and unique conditions of the maritime law, being represented by a personal injury lawyer who is familiar with the legal issues affecting cruise ships may be necessary, especially if the injured victim is not a resident of the state where the lawsuit has to be filed.

paralyzed after a car accident

Posted by on 4:36 pm in Car Accident, Personal Injury | 0 comments

The spinal cord contains a large bundle of nerves that transmits signals from the brain to the lower half of the body. These signals control movement and convey sensations, such as hot and cold.  A severe injury to the spinal cord can result in the rupture of these nerves. When this happens, the brain can no longer communicate with the legs and pelvis, resulting in a lack of motion and feeling. This loss of motion in the body is called paraplegia and can vary in severity. The U.S. Department of Health and Human Services considers paraplegia any situation that involves severe or complete loss of motor function in the lower extremities and lower portions of the trunk. Paralysis can be caused by a variety of causes, including disease and injury.  If you became a paraplegic after a spinal cord injury, then in-home attendant care will almost certainly be necessary.

Attendant care for those affected by paralysis is a specialized service and must be provided by someone who is knowledgeable about the special care required for those with spinal cord injuries. Careful research is necessary to find the right in-home care. Adjusting to having an attendant care worker in your home can take time and requires patience on the part of both parties. Adjustments to your home are also common and generally must occur before the attendant begins his or her work. Common modifications include shower/bath lifts, adjustments to counter top and cabinet height, and elevators for homes with multiple stories.

In general, paralysis results in the necessity of 24 hour attendant care. This care is necessary to help with every day activities, including dressing, bathing, using the bathroom, and sometimes general mobilization. While a family member is often someone’s first choice to become his or her caregiver, careful consideration should be given to hiring a professional. At the least, a professional attendant should be interviewed and available for certain specialized situations. Additionally, if your primary caregiver is a family member, they will need to receive a certain amount of specialized training in order to properly attend to your needs.

Effective Way of Eliminating Fears and Phobias

Posted by on 5:24 pm in Hypnosis | 0 comments

  • Achluophobia or fear of darkness;
  • Acrophobia/Altophobia or fear of heights;
  • Aerophobia or fear of flying;
  • Nyctophobia/Lygophobia/Achlouphobia or fear of darkness;
  • Arachnophobia or fear of spiders;
  • Ophidiophobia or fear of snakes;
  • Hoplophobia or Fear of firearms; and,
  • Panophobia/Pantophobia or fear of everything

These are just a few of the hundreds of other types of fears people may have (the American Psychiatric Association recognizes more than 100 different types). As defined in the web page, a phobia is “an excessive and irrational fear reaction,” and though people who have phobias realize that their fear is both excessive and irrational, but they are unable to do anything about it. The only major problem is that these fears, besides being annoying, can also interfere with one’s performance or work in school or office, as well as in his/her personal relationships.

Having a phobia is no joke, especially to the estimated 19 million Americans whose fear/s causes/cause them difficulty in some areas of their lives. Just imagine a person who has been offered a job as a top manager in a giant corporation, but is afraid of taking elevators or flying in airplanes – with both these phobias, he/she may just as well kiss his/her job offer goodbye, and maybe many other job offers too.

A phobia can be caused by genetic and environmental factors, distressing events and/or exposure to various things, such as extreme heights, insects or confined spaces while very young. While a person’s fear may seem irrational to another person, to him/her who is affected, this fear is all too real; a major cause of an uncomfortable life.

However, general anxiety or fear is usually generated by an unconscious response to the ‘misuse’ of the imagination. Basically, the ‘back part’ of the mind is getting the message from the imagination that something bad is going to happen, and so creates a state of readiness in the mind and body: anxiety.

One effective way to solving not just the fear, but, more important, the source or cause of the fear itself is through hypnosis or hypnotherapy. During hypnosis, a person is given suggestions that he/she would accept more easily that if he/she were conscious. Since these suggestions are made to the subconscious, these will be retained and result to a change in behavior after he/she is brought out of the relaxed trance.

Whatever a person’s phobia is, regardless of how long a he/she has suffered from it, and despite the dreadful life limitations he/she has endured because of it, this phobia can be addressed to move him/her in the right direction of living the life that he/she deserves and feeling the relief that he/she seeks.

Subsys Side-Effects

Posted by on 11:06 pm in Subsys Spray Lawsuit | 0 comments

Only three years after Insys Therapeutics, Inc., placed Subsys on the market in 2012, the drug has already earned record profits for the company, earning $147.2 million for Insys during the first six month of 2015 alone.

Subsys is the first and only fentanyl sublingual medicine that is sprayed under the tongue and which claims to be able to relieve adults with cancer from breakthrough pain in as little as five minutes. Due to the major content of this medication, however, fentanyl, which belongs to a class of drugs known as opiate or narcotic analgesics, Subsys can cause abuse, overdose, addiction, or death. These risks made the U.S. Food and Drug Administration require that the purchase of Subsys be permitted only to healthcare professionals who prescribe Subsys to outpatients, to outpatients, to distributors and pharmacies, enrolled in the Transmucosal Immediate-Release Fentanyl (TIRF) REMS Access program.

Besides the fact that Subsys should be used only by adult cancer patients who are opioid tolerant, warning is strongly made against sharing this medicine with people to whom it has not been prescribed, but most especially against using it on children since its fentanyl content can prove fatal to a child.

For Subsys users, side-effects of this medicine include, but are not limited to: breathing problems (especially to severely ill and malnourished patients), drowsiness, allergic reaction (like swelling of face, lips, tongue, or throat), slow heart rate, severe drowsiness, feeling like passing out; rapid heart rate, confusion, extreme fear, unusual thoughts or behavior, and trouble concentrating. For pregnant women, use of Subsys can cause their baby to become dependent on fentanyl which, in turn, can cause life-threatening withdrawal symptoms after the baby is born.

Besides being accused of illegally promoting Subsys to doctors in ways that violate of FDA rules, Fentanyl spray lawsuit also link use of Subsys to overdose in patients.

Taxotere Manufacturer, Guilty of Violating Patients’ Trust?

Posted by on 2:55 pm in Docetaxel Lawsuit | 0 comments

Hair loss is a common symptom among patients undergoing chemotherapy; their hair usually grows back within three to six months after treatment has stopped. About 10-15% of women, who were treated with Taxotere, however, reported no hair growth for as long as ten years after chemotherapy treatments. Permanent hair loss, or Alopecia, comes in many different forms, including:

  • Baldness;
  • No hair growth under arms or around genitals;
  • Lack of eyebrows and eyelashes; and,
  • Total hair loss on the scalp and body (this is the most common result reported of Taxotere use; this special form of alopecia is called “alopecia universalis”)

Taxotere (with the Generic name Docetaxel) is an intravenous chemotherapy drug manufactured by Sanofi-Aventis. It was approved by the U.S. Food and Drug Administration (FDA) for treatment of various cancers including non-small cell lung cancer, prostate cancer, breast cancer, gastric cancer, and head and neck cancer. Specific use of Taxotere (in combination with doxorubicin and cyclophosphamide) for treatment of operable node-positive breast cancer in women was approved by the FDA on August 18, 2004.

The law firm Williams Kherkher explains in its website that, as early as 2005, patients outside of the U.S. were warned about permanent hair loss. Sanofi-Aventis, however, only began warning patients in the U.S. of the risk of permanent alopecia in December of 2015, after it was mandated to do so by the FDA.

Currently, lawsuits have been filed by women who have, or formerly had, breast cancer and are now suffering permanent alopecia due to treatment with Taxotere. Besides the hair loss condition, these women, through their lawsuits, also want to understand why equally effective alternative chemotherapy drugs were not prescribed to them despite the risk that come with Taxotere use.

The lawsuits need to prove claims that Sanofi-Aventis deliberately concealed the risks associated with using Taxotere despite its awareness of the drug’s side-effects as early as the 1990s, as well as allegations that it incentivized doctors to continue prescribing the drug to unsuspecting women.

5 Common Causes of Aviation Accidents

Posted by on 5:48 pm in Personal Injury | 0 comments

For some people, flying in a plane can be exciting. One cannot help but be awed by the sight of the clouds and the tiny houses. On the other hand, some people also have apprehensions for flying. According to the website of Williams Kherker, the extreme height and speed involved in an airplane makes aviation accidents devastating.

Figures from the National Safety Council gives us an assurance that the odds of dying in an aviation accident is at about 1 in 7,178 compared to a car which is at 1 in 98. In addition, a report by OAG Aviation and places the odds of death in one of the top 78 major world airlines is one in 4.7 million. But luck will not always be on the side of the passenger. Here are 5 common causes of plane accidents:

  1. Pilot Error. Half of all plane crashes were due to pilot error. This is quite understandable considering that pilots have a lot to do in the airplane. They navigate through dangerous waters, respond to mechanical issues, oe execute a safe takeoff and landing. Accidents result from pilots miscalculating equipment, misjudging weather conditions, or their failure to recognize mechanical errors.
  2. Mechanical Error. Mechanical error accounts for 22% of all aviation accidents. When situations like this happens, the pilot is at the mercy of the planer. Mechanical errors may be caused by errors in the plane’s design. Some examples of plane crashes due to mechanical errors include the 1974 crash of a Turkish Airlines flight to France and a 1955 West African Airways flight. The former crashed due to a flaw in the latch of a cargo door while the latter crashed as a result of flaws in its wing design.
  3. Weather. 12% of plane crashes were due to weather conditions. Although flights are usually cancelled during hazardous conditions such as storms or heavy winds and even fog can be a challenge for pilots and air traffic controllers. Lightning can disable planes in a variety of ways. It can cause electrical failures, ignite fuel tanksand pipes, and others.
  4. Sabotage . A clear example of a plane accident due to sabotage was the 9/11 accident where threre flights were hijacked and crashed into the two World Trade Center towers. Although the TSA has strict regulations, passengers can still sneek in bombs or firearms into planes.Sabotage accounted fo 9% of total crashes.
  5. Other Human Error. 7% of plane crashes are atrtributed to other human error. Examples would be air traffic control mistakes, overloaded planes, improper fuel load or maintenance errors.

Salmonella Infection: What are Your Risks?

Posted by on 3:50 pm in Product Liability | 0 comments

The Centers for Disease Control and Prevention (CDC) consider salmonella contamination as the most common type of food poisoning in the U.S. According to the agency, salmonella contamination accounts for about 1.2 million recorded illnesses and 450 fatalities every year, which also makes it one of the deadliest food-borne illnesses in the country.

Although anyone can suffer from salmonella infection, younger children, older adults, and those suffering from immune-related diseases are at highest risk of serious, sometimes even fatal health complications. Furthermore, healthy individuals are at risk of dehydration due to diarrhea and other gastrointestinal disorders. So, it is important to seek medical help if you have been exposed to salmonella infection to prevent long-term, and possible fatal complications.

Lawyers from the Law Offices of Ronald J. Resmini, LTD., know how food products manufactured and packed in an unsanitary way may pose health hazards to consumers. But apart from negligent food manufacturers, there will always be a risk of salmonella infection even when preparing meal yourself. Your risk of salmonella increases when:

  • You consume unpasteurized milk and milk products.
  • You consume uncooked or undercooked meat, meat products, or eggs. Meat and meat products, such as delis, should be cooked under enough heat to kill pathogens, including salmonella.
  • You are preparing/handling ready-to-eat food products without washing your hands. Salmonella bacteria can oftentimes be found in fecal matters of animals and humans; and preparing food products without washing your hands in between every process may cause cross-contamination.
  • Utensils, plates, and other kitchen implements used for raw, uncooked food were also used for cooked, ready-to-eat products.

The effects of salmonella infection can be life-changing, especially for those with weak immune system. Symptoms of salmonella infection include diarrhea and muscle aches. So, if you think you have been exposed to salmonella contamination and are experiencing some of its symptoms, you should seek medical help right away for quick diagnosis and treatment.