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LEGAL MATTERS - A LEGAL NEWSLETTER FROM THE RASANSKY LAW FIRM

Across the United States, several state agencies are unfortunately reporting that the care of nursing home residents is all too often leading to serious infections, bed sores, pressure ulcers, urinary tract infections and respiratory infections. These infections have been leading to avoidable deaths.

Nursing Home Awareness

The best defense in avoiding the negligent care of your loved ones is you. You need to continually check in with your loved one and make frequent visits to their nursing home facility to make sure they are being cared for properly.

"There are a number of signs and symptoms that indicate abuse or neglect. For instance, if you notice that a loved one in a nursing home is acting irrationally, take note. Elder abuse can be physical, emotional, or even sexual. A victim's reaction can range from withdrawal to violence. Also take note if your loved one becomes extremely lethargic, withdrawn, and/or depressed. Such reactions are not uncommon in abusive situations," says attorney Jeff Rasansky of The Rasansky Law Firm.

By law, long-term care facilities and nursing home facilities need to provide care that maintains the highest physical, mental and social well-being of each person in their care.

Even though federal and state laws regulate the nursing home care industry, there are too many reports citing blatant disregards of compliance for proper care in nursing homes that is resulting in easily preventable deaths.

Additionally, state laws that are in place regarding nursing home facilities and care must be as stern as the federal law.

All too common warning signs of nursing home abuse

Physical abuse is often times the most noticeable form of nursing home abuse.

• Visit your loved one often and take notice of any injuries such as bruises, cuts, black eyes or burns. Ask their service provider how to injuries occurred. Make sure they can adequately explain how they happened.

• Make note of frequent complaints of pain without obvious injury from elders while in nursing homes.

• Look for passive, withdrawn, or emotionless behavior as a sign of nursing home abuse.

Neglect is another warning sign of nursing home abuse.

• Malnutrition, weight loss and dehydration are all signs that the nursing home may be the cause of elder abuse.

• Lack of personal cleanliness can be another symptom of neglect by the nursing home.

• Nursing home residents that are always dressed in torn or dirty clothes may be victims of nursing home neglect.

• If residents are constantly hungry then you may want to investigate the home for neglect.

• The need of medical/dental care is another sign of neglect among the elderly.

• Nursing homes have been guilty of leaving the elderly unattended for long periods of time, which is also neglect and abuse.

Putting a stop nursing home abuse. What you can do.

If a loved one has been injured in any way in a nursing home, please take any necessary action to remove them from that negligent facility immediately to prevent further injury.

Take them to an emergency room or doctor as soon as possible if necessary for treatment for those injuries and to avoid infections as a result of those injuries.

Contact a nursing home negligence attorney
at The Rasansky Law Firm immediately. You and your loved one have rights that may warrant a potential lawsuit for claims resulting from abuse, neglect, and/or wrongful death.

Identity theft occurs when someone uses your personal information without your permission to commit fraud or other crimes and although identity theft is dramatically on the rise. Keep in mind that Identity Theft is not new and the chances of it happening to you if you’re not careful are higher than you might think.

A Federal Trade Commission study found that last year alone, over 9.9 million Americans discovered they were victims of identity theft at a cost of approximately $50 billion.

Ways to minimizing your risk of identity theft

Even though one may not be able to completely control whether you will become a victim of identity theft, be assured that there are things you can do to try to protect yourself and minimize the chance of Identity Theft.

In most circumstances, you can request a free copy of your credit report. The Fair Credit Reporting Act requires each of the major nationwide consumer reporting companies to provide you with a free copy of your credit reports once every 12 months. Check your credit report at least once a year and correct any errors.

When you do request a copy of your credit report, ask to have only the last four digits of your Social Security number appear on your credit reports.

Avoid using easily available information like your mother's maiden name, your birth date, or the last four digits of your Social Security number in dealing with credit card, phone, or bank account information. Apply the same caution when opening new accounts. Instead of using your mother’s maiden name, ask to use a password instead.

Make sure that you always secure your personal information, bill statements, bank records and account access passwords in a safe place in your home/

Do not give out personal information on the phone, through the mail, on the Internet or via Email unless you are sure you know who you're dealing with and that they are not fraudulent. Identity thieves are becoming very clever and savvy in the way they are able to gain access to your information with out you even knowing. The often pose as bank representatives, government agencies, phone companies and Internet Service Providers.

When possible, put outgoing mail in post office collection boxes or at your local post office, rather than in an unsecured mailbox and remove mail from your mailbox promptly. If you're going on vacation or will be away from your home any significant length of time, notify the Postal Service and they will hold your mail until you can pick it up or are home to receive it.

When throwing away trash, shred all personal information first. Make sure you shred all your receipts, credit applications, insurance statements, bank records or anything else that contains your personal information on it.

In case your wallet or purse gets misplaced, lost or stolen don’t carry your Social Security Number card in it, rather, leave it in a secure place and only give it out if it’s necessary.

The next time you order checks, pick them up from the bank instead of having them mailed to you.

Identity theft on the internet

Storing sensitive information like financial records, tax returns, birth dates, and bank account numbers on your computer may increase the chances of your identity being stolen.

You can however protect yourself by following the below measures when storing personal information on your computer.

Update your virus protection software and operating system patches on a regular basis. In most cases your virus protection software and operating system can be set to check for updates and patches automatically.

Don’t open emails sent to you by someone you don’t know, don’t click on hyperlinks and download programs or zip files from people you don't know.

Use a firewall, especially if you use a high-speed Internet connection like cable, DSL or T-1 which leaves your computer connected to the Internet 24 hours a day.

Now days, Internet Pop Up’s are inevitable. Don’t be fooled into clicking on them. Clicking on a Free iPod banner or Free Applebee’s Coupon, may potentially infect your computer with spyware.

Password protect your computer or laptop, if either is stolen, it's harder for a thief to access your personal information.


What to do if you think your identity has been stolen

If someone is using your identity or think that some one is using your identity to commit fraudulent acts, report it immediately to the police and credit agencies.

1. Place a fraud alert on your credit report. A fraud alert will tell creditors to contact you before opening any new accounts or making any changes to your existing accounts. Contact the fraud departments of any one of the following:

Equifax: 1-800-525-6285; www.equifax.com
Experian: 1-888-EXPERIAN; www.experian.com
TransUnion: 1-800-680-7289; www.transunion.com

2. Promptly close the accounts that you know or believe have been tampered with or opened fraudulently.

3. File a report with the police or with the police in the community where the identity theft took place and obtain a copy of the report to submit to your creditors and others that may require proof.

4. File your complaint with the FTC (Federal Trade Commission) which maintains a database of identity theft cases used by law enforcement agencies for investigations.

More people are riding bikes for recreation and exercise than ever before and whether you’re a child or an adult, the safety rules for bicycles are the same, and are too often ignored by bike riders resulting in preventable traumatic head injuries, broken limbs, and worse.

Bicycle Safety Tips

Please keep these safety tips for bicycle riders in mind when you or your child is riding on a bicycle.

Always wear a helmet

Never ride a bike without a safety helmet. Thousands of head injuries year after year can be avoided when wearing a helmet.

Obey traffic laws

A bicycle is no different from a car when traffic laws are concerned. Stop at stop signs and stop lights and signal your turns.

Wear light reflective clothing

Be sure motorists can see you when you are riding a bicycle. You can even wear light-colored clothes so you will be more visible to passing cars. Try to avoid riding your bike at night, but if you must, wear light reflective clothing so vehicles can see you.

Riding against the direction of traffic is not safe, always ride your bicycle on the right side of the street

Use common sense

Don’t do anything unpredictable when you are near vehicles, a car cannot stop as quickly as a bicycle.

For the third consecutive year, Texas attorney Jeff Rasansky of the Rasansky Law Firm has been named a Texas Super Lawyer by the publishers of Law & Politics magazine and Texas Monthly magazine.

Mr. Rasansky is listed as one of the state’s top personal injury attorneys in the October issue of Texas Monthly magazine and Texas Super Lawyers magazine, a publication co-produced by the publishers of Texas Monthly and Law & Politics Media Inc.

To compile the list, more than 70,000 attorneys across Texas were asked to nominate the best of their peers based on first-hand knowledge. Rigorous screening by a blue ribbon panel representing more than 50 practice areas, and confirmation that the lawyers’ credentials met the criteria put forth by the Super Lawyers’ Research Department followed. The final list of Texas Super Lawyers is made up of less than five percent of all Texas lawyers.

"No one practices law to win awards," says Mr. Rasansky. "But this recognition came from nominations made by other attorneys. To receive an honor that shows I have earned the respect of my fellow lawyers is truly rewarding.

Mr. Rasansky adds this honor to his growing list of awards. Chosen by D Magazine in 2002 and 2004 as one of Dallas’ “Best Lawyers Under 40,” he also was named in the magazine as one of “The Best Lawyers in Dallas” in 2003. In 2001, Texas Lawyer newspaper named Mr. Rasansky to their “40 Under 40” list of the top young lawyers in the state.

After earning his law degree from the Southern Methodist University School of Law in 1990, Mr. Rasansky joined a downtown Dallas firm where he learned the legal tactics used by large insurance companies, hospitals and nursing homes. In 1994, he formed the Rasansky Law Firm. Since then, his firm exclusively has represented individuals in cases involving medical malpractice, nursing home neglect, products liability, overtime pay, and serious vehicle accidents.

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