The reasons supporting this conclusion are numerous. But in the end, dogs are simply distracting creatures. Even though they are truly loveable company, they serve as visual, auditory and tactile distractions, regardless of whether or not they are crated during a given car ride.
]]> Distracted driving is now the number one cause of motor vehicle accidents in America. Though an increasing amount of attention is being paid to the role that portable electronic devices are playing in this trend, cell phones and GPS units are not the only things that can cause drivers dangerous levels of distraction. Pets in general and dogs in particular serve as distraction hazards to drivers of all ages and to elderly drivers especially.Elderly drivers can help to lower their risk of being involved in accidents by traveling with their dogs only when necessary. When Fido does hop along for the ride, it is best to crate him and give him something to play with so that he doesn't bark and fuss during travel. In addition, simply being aware of the fact that dogs are distracting can help to enable drivers to keep their focus on the road when their pets are in the car with them.
Source: Carrier Management, "Seniors Driving With Their Dogs Get In More Auto Accidents: University Study," May 7, 2013
]]>Most states enforce no-fault divorce laws exclusively. As a result, even if one person is proportionately much more at fault than the other for inspiring marital dissolution, the divorce settlement will not likely reflect this blame. Rather, marital assets will be split evenly unless extraordinary circumstances or prenuptial and/or postnuptial agreements insist on a different approach to property division.
]]> However, the extramarital affair may impact your divorce settlement in substantial ways depending on the approach that you and your spouse each choose to take. Some cheating spouses give away substantial amounts of property out of guilt. Whereas others attempt to keep as much property in their possession as possible in order to hang on to some sense of control over what remains of the marriage.On the flip side, the wronged spouse can drag out proceedings and inflame the situation due to anger. Wronged spouses also sometimes give up great amounts of property because they do not want to have to fight or otherwise deal with the spouse who hurt them.
Therefore, it is critical for you to understand that while the court may not explicitly take an extramarital affair into consideration when constructing a divorce settlement, the affair can affect the process overall. Please speak with an experienced attorney about how to keep the affair from leaving you with an unfair divorce settlement when all is said and done.
Source: Huffington Post, "Why An Affair May Not Matter In Your Divorce," Susan Saper Galamba, Apr. 29, 2013
]]>As a result, it is critical for both physicians and for patients' loved ones to approach the subject of prescription medications with caution and due consideration. Adequate communication can help to prevent tragically preventable overdose that is either accidental or intentional.
]]> For example, if a patient requests or requires prescription pain medication, it is important that physicians communicate with the patients' loved ones and other professionals if there is any potential risk of an accidental or intentional overdose of this kind of medication.For the past 11 years, prescription overdose death rates have increased rather than declined. Of these fatalities, three in four have been characterized as unintentional overdoses. Many question whether physicians are becoming more universally negligent in their approach to prescription medication or whether a communication gap simply exists between physicians, patients and patient families.
In the instances where physicians are negligent, they may be held accountable in court. However, evidence suggests that heightened communication at every level is the best way to prevent prescription overdose deaths before they occur.
Source: amednews.com, "Physician liability: When an overdose brings a lawsuit," Alicia Gallegos, March 4, 2013
]]>Of course, babies need to go where their parents go. However, it is important for new parents to remain aware that babies can serve as a distraction even more dangerous than cell phones under certain circumstances. In order to prevent distraction-related car accidents, please keep the following tips in mind.
]]> First, baby crying can be incredibly distracting. Though you certainly cannot always keep your little one from crying on a car ride, you can help to ensure that your baby does not cry out of urgent and distracting need. Before you venture out of the house, make sure that your baby is fed, dry and warm whenever possible.Second, it is valuable to have instant entertainment available for your child when he or she becomes bored or fussy. Some babies enjoy music, while others like to have distracting objects in their sight. In addition, many babies respond instantly to the calm voices of their parents. Unfortunately, as you become stressed, your baby will likely be able to sense it. Try not to get stressed and distracted by baby's presence, as that stress can lead to a cycle of stress between you both for the remainder of the ride.
Finally, make sure that baby is properly shielded from the sun. Sun in young eyes is a frequent crying trigger, which can then trigger distraction in a busy parent-motorist. By preparing for car trips with baby beforehand, you can keep your attention on the road, even if your heart remains in the backseat.
Source: Car Junky, "Car-safety Tips To Keep Your New Bundle Of Joy Safe And Happy," Jan. 13, 2013
]]>However, parental stress does wear on children. As a result, it is important to manage your child's child custody arrangements in such a way that they inspire as little stress in you and your child as possible. This can seem like a daunting task in the wake of a challenging divorce, but keeping a few tips in mind will help you navigate the situation with grace.
]]> First, it is important to be on time when picking your children up from school or your co-parent's residence. Children count on their parents to be dependable and being late can put a dent in that trust. This advice also applies to your presence at any function you commit to attending. It can be truly heartbreaking for children to look out into an audience, at bleachers or at the opposite end of the dinner table and find you missing if you had committed to being present.Second, make sure that you and your co-parent are both kept informed about your child's school performance, obligations and expectations. Nothing can make a child custody situation quite so tension-filled as crossed wires.
Finally, do not unnecessarily expose your children to any ill feelings you may have about their other parent. Unless your former spouse is abusive, it is usually quite important for children to have healthy relationships with both of their parents. If you treat your fellow co-parent with respect, that will affect your children positively.
Source: Huffington Post, "Parenting After Divorce: 10 Ways To Make Your Custody Arrangement Less Stressful For Your Kids" Jan. 25, 2013
]]>Doctors' failure to diagnose Rory properly is a too-common scenario. The young boy was told both by his pediatrician and later an emergency room physician that his stomachache was nothing to be too concerned about. However, the boy died from undiagnosed and untreated septic shock three days after his emergency room visit.
]]> Inspired by the particulars of Rory's story, healthcare providers nationwide are attempting to fill the gaps in patient safety protocol which contributed to his death. Of primary concern are holes in communication. In Rory's case, as in so many others, relevant observations were lost in the transfer of his case from the pediatrician to the emergency room. In addition, critical medical tests were not communicated between various providers.As a result of this tragedy, new checklists, communication protocols and other patient safety measures are going into effect in cases involving potential sepsis and throughout the patient care system generally. A "Rory's Law" is even being considered. It would most likely center around emergency room communication with parents about their child's condition.
The New York Times recently noted that "For many doctors and nurses, Rory's case resonated because so much of what seemed to go wrong was utterly familiar." And this is precisely why Rory's case is inspiring change nationwide. It is a story that is uniquely tragic for his family, but occurs in various forms every single day.
Source: New York Times, "Death of a boy prompts new medical efforts nationwide," Jim Dwyer, Oct. 25, 2012
]]>In order to avoid being involved in car accidents this season, it is important to understand the kinds of hazards you may face when you get behind the wheel. The most common hazard you should be aware of is the fact that many, many motorists are currently in a rush to get wherever they are going. Most driving during the holidays is not done at a leisurely pace.
]]> People are traveling to shop, to visit friends, to shuttle their kids around on vacation, to work and to do all the chores they ordinarily have to complete in order to function. As a result of this frenzy, drivers tend to drive aggressively while prone to distraction at this time of year. That is not a safe combination.In order to avoid becoming a casualty of someone else's manic approach to driving, please be extra-cautious in your own approach. It is even more important at this time of year than the rest of the year to stay off your cellphone and to keep your eyes on the road. If someone is driving aggressively near you, let them pass. And if you see suspiciously erratic driving behavior, do not hesitate to call law enforcement.
The holiday season can be a wonderful time. Please take care to stay as safe as possible as you approach the next few weeks.
Source: CarInsuranceQuotes.com, "Common Car Accidents During The Holiday Season"
]]>Financial trusts are not just for end of life planning anymore. This form of financial protection is increasing in popularity because a trust can provide a number of different protections, particularly during both marriage and divorce.
As the average age of marriage increases, many people find themselves already established professionally before walking down the aisle. This can mean they already own a business or have a strong financial portfolio of their own.
Although we all hope a happy wedding day translates into a happy marriage, it is wise to take some steps to ensure that the financial foundation you worked so hard to establish is solid...even if the marriage becomes shaky.
]]> The Basics of How a Financial Trust Works in DivorceWhether you are attempting to proactively protect your assets prior to a marriage or you are already married and concerned about how an impending divorce may impact your finances, it's important to understand how a trust works.
For the most part, a trust established prior to a marriage is considered separate property. As a result, it is often not taken into account during the property division determinations of a divorce.
Not all trusts fall into this category, and even those that do can still fall under the scrutiny of the court. Two common issues surrounding a trust are whether the spouse was a co-trustee and if the trust provided distributions designed to maintain the spouse's lifestyle. These two issues can lead to questions of whether the trust should be considered as an asset in property division calculations.
The answer to these and other issues involving trusts during divorce often turn on the exact wording of the trust. As a result, it is important to discuss your situation with an experienced property division attorney before creating one or attempting to enforce one.
]]>The New York Times recently published a thoughtful editorial piece by Gupta in which he shares his thoughts about the prevention of medical mishaps. He estimates that there are probably about 200,000 annual fatalities nationally because of medical errors.
"Defensive medicine" is the performance of medical tests, procedures and treatment not because patients need them, but rather to shield physicians and medical facilities from potential legal liability. According to Gupta, U.S. doctors order many more defensive medical procedures than their counterparts abroad and the rate is climbing.
]]> Ironically, notes Gupta, while defensive medicine is meant to prevent errors, every medical procedure can go wrong and carries the risk of dangerous side effects and complications. So, in effect, by trying to avoid liability, unnecessary harm to patients can be the result of this approach. "More ... is not always better."In fact, less may often be better in this sometimes life-or-death context.
Doctors are human and in life there are no guarantees that mistakes will not happen, no matter how much care is taken. As a result, it is important to be proactive in preventing as much human error as possible in the healthcare context. Gupta describes many professional protocols that have been developed in the attempt to lessen the numbers of unnecessary medical mistakes.
For example, to help prevent surgical errors, the use of a "time out" before surgery begins gives the medical team a moment to confirm that the correct patient is on the table, that everyone understands the correct site of the surgery and that every proper preparation has been taken.
As patient advocates, physicians and celebrity doctors alike become increasingly concerned about medical error rates, hopefully more and more individual care providers and facilities will respond accordingly. However, when mistakes do occur and cause patients harm, they do have the right to hold their negligent care providers accountable.
]]>The American Automobile Association (AAA) has a specific site dedicated to "helping seniors drive safer and longer." On the AAA site, older drivers can take an exam to assess their driving ability and determine whether they might be a hazard to themselves or others. AAA cites the following driving behaviors that often contribute to car accidents caused by older motorists:
]]> · Inattention· Difficulties while backing up
· Failure to yield right-of-way
· Confusion in heavy traffic
· Improper left turns
· Hesitation in responding to new traffic signs, signals or pavement markings
The American Association of Retired Persons (AARP) also has resources for older drivers. AARP lists warning signs that indicate when it might be time to stop driving. Some of those signs include: getting lost, particularly in familiar areas, frequent incidents of near-crashes, and becoming distracted easily or not being able to concentrate when driving.
In addition, AARP has tools for loved ones to evaluate the driving of the older drivers in their lives. Possible issues to consider are: whether the older driver can turn their head easily to check for traffic and when changing lanes, if they can move their foot efficiently from the brake to the accelerator, if they become lost while driving, or if they have had a significant amount of "close calls" while driving.
Of course, difficulties with vision should be taken into consideration as well. The American Optometric Association recommends that older drivers can mitigate vision issues by driving only during the daytime and by reducing their speed.
Regardless of whether or not it is indeed time for a senior to hang up his or her keys, being aware of what signs may signal that time is important for future reference.
]]>In general, provided that it does not violate the terms of the divorce, Illinois law allows custodial parents to relocate or remove a child to another state. However, the parent wishing to relocate must give proper notice and details to the non-relocating parent prior to the move, and if that parent objects, the custodial parent must get an Order of Removal from the courts.
]]> In order for removal to be granted, the custodial parent must demonstrate to the court that the move is in the best interests of the child and that she or he has an important reason for leaving the state. Courts are expected to weigh many factors in making these determinations. According to the Illinois Supreme Court in People v. Eckert, some of these factors include:•· Whether the proposed move will enhance the quality of life for both the custodial parent and the child
•· The custodial parent's motives in seeking the removal, and whether the proposed move is merely a ruse intended to defeat or frustrate visitation
•· The non-relocating parent's motives in resisting the removal
•· The proposed move's likely effect on the non-relocating parent's visitation or placement rights
•· Whether a realistic and reasonable visitation or placement schedule for the non-relocating parent can be worked out
Relocation within the state of Illinois does not usually require an Order of Removal, but must not jeopardize the non-relocating parent's visitation or placement rights.
Relocations can be stressful, but not impossible to pursue. Should you have questions about how a relocation may affect your family's child custody situation, please consult an experienced family law attorney to explore your options.
]]>Since the NTSB is extremely successful in watching over the aviation industry and proposing fixes for systematic problems, a similarly structured entity in the medical community could have as strong an impact for patient safety.
]]> This new entity would seek to mimic the NTSB in the ways it has been most successful, such as directly linking incident reports with changes designed to prevent those incidents. In the past, such NTSB links have led directly to safety-enhancing improvements in airline policies and federal regulations.Certain NTSB approaches may translate particularly well to the health care field. For example, one rule in aviation helps reduce cockpit distractions while pilots are conducting critical procedures. Another aims to improve communication among personnel. In the health care context, keeping medical staff focused is certainly crucially important; and creating an atmosphere where staff communicates well could certainly improve patient care and reduce instances of medical malpractice.
The suggested health care entity would not just decrease harm to patients, but would also decrease costs associated with patient care, through the preventative actions it would encourage.
Though the idea for this entity is only in its infancy, it poses intriguing possibilities for improving patient safety. It is too early to say whether this proposed entity will come to be, but for patients anything that will help increase safety is welcome.
]]>Over the past ten years, more than 300 oil and gas workers have died in highway crashes while operating a work vehicle, mostly trucks. These workers tend to work long, tedious hours and as such, can become severely fatigued. Fatigue is known to be a significant factor in commercial vehicle accidents. When operating heavy trucks used in drilling operations while fatigued, resulting accident almost always results in serious consequences.
]]> Frequently these fatigue-related accidents for oil and gas truckers are preventable, but the industry tends to act in the opposite interest of its employees' safety. Often, companies will allow drivers to operate a vehicle after the 14-hour federal limit for a shift or a company vehicle will be in a state of disrepair that lends itself to an accident. Employees may feel obligated to go along with these unsafe practices for fear of losing their jobs in the current tough economic climate. In some instances, employers actually encourage their employees to falsify documentation by stating that they have rested so that they may continue to work while presenting the facade of adherence to the rules.Employers have a responsibility to create a safe work environment for their employees and abide by the laws that govern their industry. Any business practices which oppose this duty not only create a danger for the workers themselves, but also to anyone who may share the roads with these fatigued truckers. Both employees and non-employees of the oil and gas industry are suffering injury, and even death due to the unsafe work practices of these companies.
If you or a loved one has been injured by a fatigued trucker or has been injured as a fatigued trucker, please contact an experienced personal injury attorney to explore your legal options.
]]>By March 2013, all federal government benefit checks, including Social Security, disability and veterans' benefits, will be electronically deposited in the bank accounts of recipients or distributed on a pre-paid debit card. While the new requirement will save the government over a $1 billion over ten years, it could leave low-income recipients with child support debt without any income.
]]> How the Process WorksStates have long been able to garnish up to 65 percent of federal governments benefits awarded to people who have a backlog of missed child support payments before checks are sent out. The state then keeps the money as payment for welfare benefits it provided to the recipients' children to make up for the missed child support payments.
Though states can take a majority of an award, current recipients who receive paper checks still receive the other 35 percent, which they can cash to use as modest income, even if their bank accounts have been frozen by the state in an effort to collect child support debts.
These paper checks will not exist when the new law goes into effect next March. Without the checks, the state can garnish 65 percent of benefits prior to their being deposited, then freeze the bank account, including the remaining 35 percent of federal benefits, of the recipient who owes child support payments, leaving many low-income recipients with no income.
Unintended Consequences for Vulnerable Populations
Sadly, the new requirement negatively affects parents who are prevented from earning an income due to disability, institutionalization or imprisonment. Often, the children of these parents are already grown. In fact, the money the state collects does not go to the children but to the state as payment for child support debt.
Legal aid attorneys and other lawyers who represent low-income benefit recipients worry that the new requirement will leave those that are already vulnerable with no income. Often, the individuals who owe the most in child support are already impoverished. A Department of Health and Human Services (DHHS) survey of parents who owed $30,000 or more in child support found that 75 percent of participants earn $10,000 or less each year. The DHHS does not believe that states should pursue child support debt collection so forcefully that parents lose their only income.
All children deserve the financial support necessary to help them grow into functioning adults and custodial parents have the right to the support necessary to raise their children. Unfortunately, the new law will not directly help the children of low-income parents and may send over a quarter million recipients into destitution.
If you or a loved one receives federal benefits and are worried about having all of your benefits withheld when the new law takes effect, please contact an experienced family law attorney to explore your legal options.
]]>Medicare is currently examining readmission and mortality rates, complications after surgery and how closely hospitals adhere to basic guidelines for care. The results so-far have shown that some of the countries best teaching hospitals, including area hospitals like the University of Chicago Medical Center and the University of Illinois Hospital, are 10 times more likely to experience serious patient complications than other hospitals.
]]> Process ConcernsDespite overwhelming perception as some of the best hospitals in the country, these hospitals have been negatively highlighted in the Medicare review. Many in the medical community are questioning the accuracy of the report and are pointing out, what they believe to be, flaws in the process.
Though these hospitals may have higher complication rates, they also often take on the more challenging cases with the sickest patients. In addition, though serious adverse patient events may occur more often at teaching hospitals, this may be because testing is more rigorous, advanced and experimental at such a facility.
Unfortunately, hospital errors are not uncommon. Patient safety issues can exist at the most highly acclaimed institutions, just as they can arise at a small rural institution. Regardless of whether or not there are flaws in the Medicare review data, it serves as an important reminder that patient safety is a critical issue that must be on everyone's radar.
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