Comments by nisperos
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Posted on January 30 at 8:58 p.m. (Suggest removal)
The civil case has a standard of "preponderance of the evidence" (is it more likely than not based on the majority of the evidence) and the question is: Did the institution know or with the exercise of reasonable care should they have known what horrific actions were going on? When there is a long standing pattern and multiple players are involved, it would be exceptionally hard to defend that they properly supervised. It's not like there were isolated incidents of one or two people going rogue and discrete actions, but rather many not only participated but heard or talked about the events which apparently went on for months.
The criminal case uses the standard of "beyond a reasonable doubt" which is a higher test to meet and which affords greater protection to the defendants.
Yes, I imagine there could be both criminal and civil liability in this case and that it's going to a case for the textbooks - both legal and regulatory/training textbooks for CNA's and state agencies.
On Lawsuit alleges ‘systemic failure to exercise proper supervision’
Posted on January 30 at 8:33 p.m. (Suggest removal)
With acknowledgement, hat tip, and apologies to Joyce Kilmer (1886–1918):
Trees
I think that I shall never see
An airport lovely as a tree.
A tree whose hungry mouth is prest
Against the sweet earth's flowing breast;
A tree that looks at God all day,
And lifts her leafy arms to pray;
A tree that may in summer wear
A nest of robins in her hair;
Upon whose bosom snow has lain;
Who intimately lives with rain.
An airport runway's not a tee,
And only God can make a tree.
Posted on January 30 at 8:09 p.m. (Suggest removal)
I'd be interested to see them encourage individuals who use wheelchairs to improve their physical wellness. What this would mean to me would be activities which encourage physical conditioning and strengthening, not just prevention of stiffness and contractures.
Here's the difference: prevention of stiffness and contactures can sometimes be accomplished just with passive range of motion. However, it is much better if there can be resistance exercises (think pushing off the edge of a pool or using stretch bands or health club equipment). For those who may start out a bit weak, there's even hydrotherapy where just by moving your limbs against agitated water, the low impact resistance helps provide strengthening and prevent muscle atrophy or loss of muscle mass. The program should START with those for whom it might be most challenging to provide and encourage physical wellness (rather than limiting wellness for those with physical challenges to mental and emotional wellness).
Posted on January 30 at 12:31 p.m. (Suggest removal)
Of course...
We might also ask who wrote the book of Proverbs?
"Give strong drink to him who is perishing, and wine to those in bitter distress; let them drink and forget their poverty, and remember their misery no more."
Proverbs 31: 6-7 (RSV)
Posted on January 30 at 12:24 p.m. (Suggest removal)
Writing under the pen name Mrs. Silence Dogood (what we would today call an anonymous blogger or commentator), Ben Franklin also said:
"...I doubt not but moderate Drinking has been improv'd for the Diffusion of Knowledge among the ingenious Part of Mankind, who want the Talent of a ready Utterance, in order to discover the Conceptions of their Minds in an entertaining and intelligible Manner. 'Tis true, drinking does not improve our Faculties, but it enables us to use them; and therefore I conclude, that much Study and Experience, and a little Liquor, are of absolute Necessity for some Tempers, in order to make them accomplish'd Orators..."
Posted on January 30 at 12:06 p.m. (Suggest removal)
In this day and age of bloggers, Benjamin Franklin might have used the name "Mrs. Silence Dogood": http://library.thinkquest.org/22254/dogo...
Alexander Hamilton, James Madison, and John Jay used the name "Publius" when they wrote the Federalist Papers
Also consider the 1995 Supreme Court ruling in McIntyre v. Ohio Elections Commission:
"Protections for anonymous speech are vital to democratic discourse. Allowing dissenters to shield their identities frees them to express critical, minority views . . . Anonymity is a shield from the tyranny of the majority. . . . It thus exemplifies the purpose behind the Bill of Rights, and of the First Amendment in particular: to protect unpopular individuals from retaliation . . . at the hand of an intolerant society"
Posted on January 30 at 11:46 a.m. (Suggest removal)
Fact check anyone?
Stalking in America: Findings From the National Violence Against Women Survey, April 1998, U.S. Department of Justice, Office of Justice Programs, National Institute of Justice: http://www.ojp.usdoj.gov/nij/pubs-sum/16...
"Based on U.S. Census estimates of the number of women and men in the country, one out of every 12 U.S. women (8.2 million) has been stalked at some time in her life, and one out of every 45 U.S. men (2 million) has been stalked at some time in his life...
The survey also found that 1 percent of all women surveyed and 0.4 percent of all men surveyed were stalked during the 12 months preceding the survey. These findings equate to an estimated 1,006,970 women and an estimated 370,990 men who are stalked annually in the United States..."
Posted on January 28 at 3:01 a.m. (Suggest removal)
It is most fitting and proper that the facility should be held liable. Would we not hold the facility liable if:
The facility had failed to pay Broitzman and Larson for any overtime or had asked employees to work off the clock?
Broitzman and Larson had been shown to have had to endure a "hostile environment" form of sexual harassment?
Nursing homes are regulated for a reason and are required to properly supervise their staff. There was a pattern of serious abuse by multiple players which went on for an extended period of time. This blatant evil menaced the health, safety, morals, and welfare of vulnerable residents. Good Sam failed to measure up to their fiduciary and supervisory responsibilities and now their should be consequences.
On Lawsuit alleges ‘systemic failure to exercise proper supervision’
Posted on September 8 at 12:04 p.m. (Suggest removal)
Live-stream of the president's speech (re-broadcast) at USA Today here (wait for it; may be slight delay in loading): http://content.usatoday.com/communities/...
Wow! Sure, I'd read the speech, but the delivery was awesome, and that Wakefield class president was impressive too! Wish I'd gotten to hear such a speech when I was in HS! It makes you appreciate what the support of adults means to kids, and more encouragement than nagging and the participation of others besides family members may be needed for some...
You can get pretty good grades and still get lost in the crowd or have it taken for granted that you'll do well (while stuff could be going on at home or you are feeling that you don't have any friends or are the only one in you peer group that can't find a job). OTOH, you might have gotten in trouble or got a bad grade and be feeling down on yourself or like a loser and need to just keep trying and not give in and let yourself down...
Thanks, Mr. President, for speaking to our students!
Good luck to all students on their school year. As the president said, "... no matter what you want to do with your life – I guarantee that you’ll need an education to do it..."
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Posted on February 1 at 4:13 p.m. (Suggest removal)
Ah Julie...
New Zealand might be the place for you...
At Woodland Park in Waitomo (2.5 hours from Auckland)
The Hobbit Motel: http://www.woodlynpark.co.nz/thehobbitmo...
The Train Motel: http://www.woodlynpark.co.nz/trainmotel....
The Plane Motel: http://www.woodlynpark.co.nz/planemotel....
The Waitanic Ship Motel: http://www.woodlynpark.co.nz/thewaitanic...
On California dreaming on a such a winter’s day