Archive for the ‘Law’ Category

 

Hiring Minnesota Family Lawyer to Fight Domestic Abuse

Tuesday, June 2nd, 2009
submit asked:


 Hiring Family Lawyer to Fight Domestic Abuse was not very common until some years ago. But now, unfortunately there are thousands of instances of domestic violence every day in Minnesota. Domestic Abuse affects and causes harm to the family members beyond the physical scars.  No one has the right to hurt another person and this is an absolutely unacceptable situation. Hiring Minnesota Family Lawyer will help you fight for your or your loved ones rights to fight domestic abuse.

 

Minnesota State takes the offense of domestic violence very seriously and has strict and stringent laws to tackle it.  Therefore if you have been charged with spousal abuse, the outcome of such an arrest can be very frightening. Especially if you don’t know what to do or whom to turn to.  An arrest for domestic abuse results in a criminal police record for the rest of your life. 

Minnesota statutes define domestic abuse as: Physical harm or the threat of physical harm by a family member; Family member: spouse, ex-spouse, parents/children, related by blood, couple living together now or in the past, have a child together, etc; Psychological domination; Criminal sexual assault by a family member

There are many different types of violence that are considered domestic abuse. Like, harassment, physical abuse or even threats of physical abuse, emotional abuse, annoying or threatening phone calls, trying to take control of you and your life all come under domestic abuse.

If you are a Minnesota resident and victim of domestic abuse, you should immediately find and hire a capable Minnesota Family Lawyer to fight such domestic abuse. He/she will help you to put things in order get you back your right to live without fear and violence. An able and experienced Minnesota Family Lawyer will stand up and fight for you.  A proficient Family Lawyer understands that the well-being of you and your children is very important.  And he will make sure that you and your children are protected and remain safe.

The Minnesota Family Lawyer you hire should be qualified, attached with reputed organization, experienced and above all should have a past record of successfully fighting domestic abuse cases in Minnesota. You should also make sure that you hire a specialized lawyer if you can find one who only fights family matters. This person will be more thorough with the laws and will be able to help fight the case better and get the best relief possible.

If you are suffering don’t stretch it any further. It doesn’t help anybody in the family and everyone is adversely affected. Get professional help - Hire Minnesota family lawyer to fight domestic abuse

 



Anne

 

Nursing Home Abuse is On The Rise

Sunday, May 10th, 2009
Nick Johnson asked:


Recently, a congressional report was released stating that 1,600 U.S. nursing homes have been cited for abuse. This is nearly one third of all the nursing homes in the United States. It’s a shocking reality for thousands of older Americans who spend the latter years of their life in facilities designed specifically to care for them. A nursing home abuse lawyer can help families whose loved one was the victim of abuse under the care of a nursing home.

The National Center On Elder Abuse in the United States collects data and information about residents and any instances of abuse. It is believed that the number of reported abuses will increase in the years to come, due to 50% of all facilities being under staffed. These are only the reported instances, unfortunately the majority of abuse cases go unreported. If you or a loved one has witnessed abuse, you should report it to a nursing home abuse lawyer immediately.

Even though such distressing statistics of abuse are on the rise, this epidemic remains a problem with no end in sight. With low salary packages for the staff, and a high turnover rate of staff, the problem of abuse does not look like it is going to get better anytime soon. Nursing home abuse lawyers are well aware of this fact, and remain to be the only light at the end of this tunnel.

A nursing home abuse lawyer will help determine if you or a loved one has an abuse case against a facility. These types of abuse could include: physical, sexual, emotional or psychological, neglect, and abandonment. Nursing home lawyers know that there is a case, if a patient suffers from any one of these types of abuse. These lawyers specialize in dealing with abuse all the time.

Many serious health problems and fatalities have resulted from instances of abuse. Contacting a nursing home abuse lawyer will prevent future incidents of abuse to the said patient. It is imperative that you contact a nursing home abuse lawyer, because the law limits the amount of time after a patient incurs an injury to file suit. A lawyer can help uncover the abuse and help you regain your power by protecting your legal rights.

There are lawyers who can offer legal solutions if you or a loved one has experienced abuse. It is very important that you speak to an experienced lawyer, preferably a lawyer who specializes in abuse. Contact an attorney if you have any questions concerning what can be done with your case. You or your loved one may be entitled to compensation for your damages or suffering.



Paul

 

Nursing Home Abuse: Hip Fractures

Friday, May 8th, 2009
Nick Johnson asked:


Nursing home abuse is a growing problem in the United States, but one that is increasingly difficult to detect. Lawyers testify to the growing number of concerned family members who sit in their offices, unsure of whether or not their suspicions are correct or justified, and very afraid to make an accusation that is wrong.

Those who are fearful of wrongfully accusing a nursing home of abuse are more afraid of damaging the reputation of their loved one than they are of damaging the reputation of the nursing home or the staff. Nursing home abuse lawyers recommend that any evidence of abuse should be forwarded both to a lawyer as well as the District Attorney’s office of that jurisdiction.

Hip fractures are one of the most obvious signs of abuse. Hip fractures often happen from falls, falls which are preventable with proper supervision. Improper supervision, or more respectfully, refraining from physical requests that the patient is incapable of completing, is a form of abuse. Any nursing home with three or more instances of hip fractures within a 30 day period is likely to be suspect of abuse. Hip fractures can also happen as a result of physical abuse.

Anytime abuse is suspected, documentation in the form of photographs, written observations, and any other evidence can in fact be very valuable, but it is always best if this evidence can be collected by either law enforcement or a lawyer.

Lawyers obviously specialize in presenting cases in lawsuits, and thus their ample experience and understanding of the law is necessary in order to proceed without making mistakes that can ultimately lose the case on behalf of the victim.

Family members of victims tend to be rather emotional, understandably so, as we have handed over a great deal of money to ensure our loved one received the very best care possible. To find out that they have become a victim of nursing home abuse is enraging. Struggling with the decision to place them in a nursing home was hard enough, and we trusted our own judgment and tried to make the right decision. This emotional connection can interfere with the progression of a lawsuit, which is why it is best to leave the investigations in the hands of a competent lawyer.

Lawsuits can be very difficult on the victims, and it is always recommended that nursing home abuse lawsuits be built around evidence that can avoid the victim’s testimony. While this may not always be possible, it is not uncommon for family members and even other nursing home staff to be able to offer valuable testimony in a lawsuit.

Lawsuits have brought much needed attention to the state of nursing homes over the past ten years. Nursing homes are held to a higher standard than they were even just a decade ago, but still their standards do not need to be even as high as subsidized child care standards. Lawyers are likely going to need to speak at least at one point to the victim.

Victims often resist even talking to a lawyer, either out of a misplaced feeling of guilt or a feeling of fear of retribution. Victims have been known to lie to the lawyer in order to prevent a lawsuit from continuing. This is normal, and by all means can be worked around. Most of us may not understand why the victim is so resistant to the notion of receiving justice. Yet anyone who lives with their abuser is not likely to speak out even when given the chance.

The important thing for family members, and even sometimes the lawyer, to remind the victim as the lawsuit moves forward, is that the victim did nothing wrong and they have nothing to feel guilty about. It is likely to take constant reminders for the victim of abuse to truly believe that at least those around him or her don’t believe that they are culpable. Any type of abuse, whether physical or neglectful in nature, is likely to also have a psychological effect.



Lee

 

Treating Mental Health and Forensic Populations

Monday, May 4th, 2009
Kathryn Seifert, Ph.d. asked:


No longer is it possible to assess and/or treat a mental health population without also interfacing with forensic issues such as legal infractions, Courts, violence, sexual behavior problems, delinquency, crime, Not Guilty by Reason of Insanity, substance abuse, and others. The training and approaches to the mental health population is different than that for a forensic population. So what is to be done, if a person has both issues? We must be cross trained for dually affected clients.

How Are the Populations Different A Mental Health population is comprised primarily Axis I disorders, such as Bipolar Disorder, Schizophrenia, Major Depression, PTSD, and Anxiety Disorders. Daily functioning is on a continuum. Recovery is quick for some and slow for others and is also on a continuum. Well controlled intermittent, mild to moderate episodes of a mood or anxiety disorder will not necessarily interfere with daily functioning. Someone with severe, chronic Schizophrenia or Mood Disorder requiring periodic hospitalizations and extensive community support, will have impairment in daily functioning. Goals for these folks are often pro-social and involve being an active member of society. A therapist can be fairly sure that the mental health client without forensic issues will be relatively honest in his or her interactions and the therapist can take most of what he/she says at face value. An emphasis on a strengths model works well when no personality disorder is involved.

A forensic population can be defined as having personality disorders, interpersonal difficulties, behavioral problems, multiple problems and life long courses of various levels of dysfunction or difficulty. Again, this population fills the full spectrum of effective daily functioning. However, social functioning is often the most severe impairment. There are issues of trust, appropriate relationships, ego centrism, moral development, honesty, manipulation, and danger to self and others. They often have a negative view of themselves and others, especially authority figures. Moral development is often delayed leaving them at the egocentric stage of development. This means that what serves the self is what matters and empathy for others and the ability to have an honest relationship with another person may not yet have developed. Their goals are often self-serving. The capacity to understand the importance of the best interest of the group through laws and rules that we voluntarily follow, may not be well understood. Many, if not most, have histories of childhood abuse, neglect, or exposure to domestic violence. The assessment and interventions with this population is necessarily different that those for a people with no Axis II disorder or trait. The people with forensic issues do not always tell the truth because of their lack of trust in relationships. The therapist cannot take what he/she says at face value. The therapist must separate the sincere from the manipulative moves for self-gain. The internal boundaries are such that they need the therapist to put external boundaries into place for them. Information must be checked with other sources of information.

How Assessment Tools Differ

In a mental health population, assessment can quite effectively be done through instruments such as the MMPI-A, BASC, and MACI. These self-report tools are quite sufficient for this population and will elucidate psychological dynamics and mental illness, if present. Self-report is not as much of an issue as it is in the forensic population, where third party verification is more important. However when a youth has multiple problems, both mental health and forensic, a combination of tools is preferred.

Forensic evaluation tools rely less on self-report because of the trust issues and because it is not always in the client’s best interest to be completely truthful. Self-report assessment instruments can be used, but third party and official reports should also be used in the evaluation phase of a forensic assessment. Courts are concerned with public safety, therefore, the need for tools that assess future risk of dangerousness to others. Risk of future aggression and sexual behavior problems that have been derived from statistical models (actuarial tools) should be part of the evaluation since clinical assessment of risk of future dangerousness is only a little better than chance. While risk assessments are not perfect, they are better than clinical judgment in this area.

How are Interventions Different? Major Mental Illnesses, while often chronic, can often be very effectively treated with medication and therapy. At the higher functioning end of the continuum, therapy can be supportive, psychotherapeutic, family, or cognitive behavioral. Therapists are trained to accept what the client presents and start where the client is functioning and how the client sees the world. The clients are usually self-motivated and seek therapy voluntarily. They accept responsibility for their behaviors and for making changes in their lives. Use of a strengths model is often very effective. Many people recover fully and lead quite “normal,” non-disrupted lives. When someone is on the lower end of the continuum, with major disruption in every day functioning (work and family),despite medication and therapy, major supports for housing, jobs, and activities of daily living and medication are needed for a very long time, perhaps a life time. However, their life goals are often still pro-social. Serlf-directed care works well with the mental health population without Axis II diagnoses.

In the area of intervention, different approaches are needed for the forensic population. Some level of social and family dysfunction is generally intergenerational and lifelong. These clients are often Court ordered to an assessment or therapy or they are having significant problems at work or within the family causing others to seek assessment or therapy for them. They do not always accept responsibility for their actions or for changing. There are skill deficits that need to be addressed, such as social skills, anger management, and problem solving. You cannot take what these clients say at face value. Third party information is always needed. This is because you need to trust someone in order to be honest with them and most of these folks have been abused, neglected, or exposed to domestic violence and a suspicious arm’s length treatment of others is a coping strategy that is difficult to give up. This population often has multiple problems so that Multi-systemic Therapy that approaches many areas that need to be addressed is often effective (treating the whole person). Group work and trauma therapies are also good tools. Self-directed therapy may not be effective because of the need to protect oneself from what may appear to be an unsafe world. Nurturing, setting good boundaries, and structure are essential in this work. Motivational interviewing and stages of change can be very helpful. When clients have issues in the mental health and forensic arenas, both approaches must be used to the extent possible.

Conclusions Clients in a mental health setting range from the single diagnosis of a major mental Illness to the dual diagnosis of a major mental illness and a personality disorder and/or forensic/legal issue. The approaches to these dissimilar populations is unique when clients are dually diagnosed, both approaches are needed. Assessments and treatment for a mental health population can be self-directed and strengths based. However, the approach for the forensic population cannot be self-directed because the client’s goals are often antisocial and by definition counter to the best interests of society. The therapist or evaluator cannot accept everything the client says at face value because not being honest is part of the disorder that the therapist is treating. Motivational interviewing seems to blend the views of traditional mental health and forensics in a way that is beneficial for the client and society.



Lyle