Category Archives: Legal

How Are Administrators Required To Prevent Elderly Abuse In Nursing Homes?

In New Jersey, federal and state laws apply to any instance in which a senior patient is abused or neglected in a nursing home. The offenses could lead to a civil and criminal case against the facility. A local attorney could provide guidance for families that suspect these heinous crimes.

How Does the Nursing Home Reform Act Apply?

The Nursing Home Reform Act defines the exact requirements for all nursing home administrators. According to the laws, the administrator is required to assess all patients periodically and establish their health status. A care plan must be in place for all patients that live in the facility. The administrator must provide dietary services, rehabilitation after injuries or surgeries, nursing care, and offer social services for the patients. A social worker must be hired for any facility in which more than one hundred-twenty residents could live in the nursing home.

What can the Government Do to Enforce Nursing Home Laws?

The federal government can penalize any nursing home facility that is in violation of the law. According to the laws, the government could impose fines that start at $50 and range up to $10,000 for each violation. Federal agencies can also require state monitoring of the facility and a directed strategy for correction violations. The facility could be denied any payments from Medicaid or Medicare recipients. New management could be assigned to the facility, or the provider agreement could be terminated.

Who is Identified in a Lawsuit Against the Nursing Home?

It depends on who owns and operates the facility. The state of New Jersey could be the defendant if the facility is owned and operated by the state. However, if a private entity or organization is responsible for the facility, the owner is the defendant. Typically, the administrator could be included as well as any staff members who were identified during an investigation.

Are Criminal Charges Imposed?

If the patient is physically or sexually assaulted, criminal charges are imposed on the individual that perform these acts. Law enforcement must be notified and informed of all allegations against the facility and/or their staff.

In New Jersey, federal and state regulations outline the direct responsibilities for nursing home administrators. When administrators fail to protect patients, they are held accountable under these laws. Families that need legal help for elderly abuse in nursing homes contact an attorney now.

Why is Copyright Protection So Important?

For the most part, copyright protection is designed to grant people recognition for their works by guaranteeing control over their product, without fear of unauthorized copies or acts of piracy. Most individuals do not understand that most things can be copyrighted if it is an original text or product. Learn more about the process below.

Characteristics

There are two characteristics of a copyright:

  • One individualistic character states a person has the right to produce work, linking it permanently to his or her life and personality.
  • On the other hand, it contemplates the economic or patrimonial rights (profit) and moral rights (patent). It is necessary to clarify that an individual and an institution or company can be an author. However, keep in mind that this is not the case in most countries.

Types

Moral Rights are defined as personal rights since they safeguard the link that is generated between the author and their work. These rights are characterized by being perpetual, inalienable, unattachable, and non-transferable, which means that the works cannot be sold or transferred. Additionally, it should be noted that the rights can be made effective through legal channels, although their purpose is not to ensure economic benefits.

Patrimonial Rights is linked to the economic part since it allows the author, or a person who has acquired the author’s rights, a certain amount of control over the work and may benefit from its use and exploitation. Patrimonial rights are exclusive because it authorizes or prohibits behaviors such as reproduction, translation, adaptation, modification, the publication by any means and distribution of the work.

Other things to remember

Moral rights preserve unpublished works. It is up to the author whether or not they wish to disclose their work and to prevent the knowledge or use of it by third parties. Authors also have the right to modify their work.

The author cannot be prevented from modifying his or her work but, if the work has already been published, the editor or publisher can demand recognition of any changes made. Patrimonial rights allow the author the right to distribute his or her work as they see fit. It is the right of the author or owner of the work to control any form of distribution or copies thereof, through sale, lease or rental.