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New California Child Restraint Law Goes into Effect

Saturday, December 31, 2011

A new piece of legislation that strengthens child restraint laws in California goes into effect on January 1, 2012. Beginning on January 1, children in California who are below 8 years of age must be restrained in car booster seats.

Earlier California law required that children be placed in booster seats until the age of 6, or until they reach 60 pounds in weight. However, according to many safety experts, 6 and 7-year-olds are still too small to be safely restrained in adult seat belts. Therefore, the new legislation requires that children below the age of 8, or those who are below 4 feet and 9 inches in height must be safely restrained in a car booster seat that is placed in the back seat. Children who are 8 years old and above and are not tall enough for the seat belt to fit properly must also be restrained in a booster seat.

San Fernando Valley car accident lawyers expect that the new laws will not be popular with children and more than a few parents too. After all, these children were looking forward to getting out of those booster seats, and that's not likely to happen now until they reach the height or age requirement.

However, there are studies to show that the new booster seat rules are necessary. When children between ages 4 and 7 are restrained in a booster seat, it reduces the risk of injury by approximately 60%, compared to those children who are restrained only by seat belts. These new booster seat laws make sense. Children of this height and weight are not protected when they are wearing seat belts that are made for adults. Not only that, seat belts may actually injure children in the event of an accident if the children are not in booster seats.

Merchant Files Lawsuit against Amazon Alleging Corporate Sabotage

Saturday, December 31, 2011

A company that manufactures accessories for Amazon’s Kindle device has filed a lawsuit against the retailer, alleging that the company acted like a corporate bully and sabotaged its business. The company, Maryland-based M-Edge Accessories LLC makes a number of allegations in its lawsuit against the online retailing giant.

M-Edge manufactures reading accessories for the Kindle device, including sleeves, covers and reading lights. The company says that at one point, Amazon accounted for about 90% of its total revenues. The company began selling its products on Amazon in 2008, and Amazon received an 8% commission on each sale. The 2 companies had an agreement that also gave M-Edge advance information on new Kindle products, in return for an additional 7% commission to Amazon. It was a three-year agreement.

However, in January 2010, Amazon began to demand that M-Edge pay the retailer a 25% commission. If not, the company threatened to remove products manufactured by M-Edge from its store. According to the lawsuit, in February that year, Amazon demanded that M-Edge also pay the difference between the 8% commission and the 25% commission retroactively. Amazon also demanded a 10% commission from all M-Edge products that were sold to other retailers.

The lawsuit alleges that Amazon deleted M-Edge from its list of Amazon Approved Accessory Vendors in order to damage its reputation and its business. These are the kind of tactics that California business lawyers often find larger companies use to intimidate smaller entities. M-Edge also alleges that Amazon manufactured a case with a built-in light for the Kindle device that actually competes with the design of a case manufactured by M-Edge. This case infringes on a patent that M-Edge holds for the case. The lawsuit accuses Amazon of unfair competition, false advertising, patent infringement, and damaging its relationship with its customers.

Electronic Distractions Increase Risk of Medical Negligence

Wednesday, December 28, 2011

In an effort to streamline communication and increase efficiency, hospitals have been investing heavily in electronic communication technology, handing over smart phones, computer-aids and other devices to doctors and nurses. However, while these devices may have improved efficiency to some extent, California medical malpractice lawyers have found that their role in increasing medical errors has also grown.

According to the New York Times, there have been far too many cases involving doctors and nurses using electronic communication devices in a manner that is not conducive to patient safety. In one instance, a neurosurgeon was found making personal calls during a surgery. Another survey found that approximately 50% of all technicians in charge of bypass machines send and receive text messages during procedures.

Some hospitals have already begun limiting the use of electronic communication devices in critical care settings,. In fact, so severe is the risk from doctors, nurses and other healthcare professionals being distracted while they're working, that some medical schools have already begun including programs that remind medical students about focusing on patients over gadgets. However, more medical students now use gadgets than ever before.

According to one survey of 413 medical technicians, published in the journal Perfusion, more than 55% of bypass machine technicians acknowledged that they had talked on cell phones during a procedure, while 50% said that they had texted during a surgery. That is in spite of the fact that roughly 40% of them believed that talking on the phone during surgery was unsafe, and 50% of them believed texting during a procedure was unsafe.

Distracted driving has been dominating the agenda at transportation safety agencies. The Department of Transportation has been focused on reducing the numbers of accidents caused every year by cell phone use while driving. It appears that hospitals also need to be equally concerned about ‘distracted doctoring.’

Combination of Diagnostic Tools Helps Detect Brain Injury Veterans

Friday, December 16, 2011

Delayed or slow diagnosis of brain injuries has been one of the veteran health-related matters that concerns California veterans benefit lawyers the most. When brain injury diagnosis is delayed, treatment is begun later, or not at all, and it reduces the patient's chances of recovering completely from the injury. The Department of Defense has been investing in new diagnostic techniques that could sharpen diagnostic capabilities, helping doctors detect concussions immediately. However, a single comprehensive diagnostic tool has been elusive, and the military currently uses a combination of techniques to detect concussions.

One of the techniques that the Department of Defense is currently investigating is a handheld device that can detect proteins in the bloodstream soon after a brain injury. When a person suffers a concussion, certain proteins are released into the bloodstream, and the device can help detect for a specific amount of these proteins, thereby confirming a brain injury. Army researchers have found during clinical trials that this device helped accurately detect concussions in 34 patients.

Other testing tools include a device called EYE-TRAC, a computerized aid to determine inattention and memory loss after a concussion, tests for biological markers on saliva after a brain injury, and advanced magnetic resonance imaging testing.

Mild traumatic brain injury accounts for approximately 80% of all brain injuries involving veterans. As the incidence of brain injury affecting veterans has increased, so has research in this field. The military has increased its investment in research into the diagnosis and treatment of traumatic brain injury, including concussions. Besides diagnostic tools, researchers are also specifically looking for ways to treat symptoms of TBI, like irritability, amnesia and confusion. Researchers are also experimenting with treatments for concussions that include Omega-3 fatty acids, growth hormones and hyperbaric oxygen therapy, or pressurized oxygen chambers.

California Study Finds HIV Discrimination in Dental Care

Sunday, December 11, 2011

Any California disability discrimination lawyer will tell you that even with all the education campaigns centering on HIV AIDS awareness, discrimination against people with the disease is widespread in the United States. A new study confirms this fact. According to the study prepared by the Williams Institute, many dental offices in California refuse to treat patients who have HIV/AIDS.

The study surveyed 612 dental offices in Los Angeles County, and researchers posed as HIV positive patients. The researchers found that at least 5% of the dentists refused outright to treat persons who suffer from HIV-AIDS. These dentists had a blanket policy of not treating these patients. The common excuse given was that their dental offices lacked the infection control precautions necessary to treat such patients. Another 5% of dental offices in the survey admitted that they would treat patients with HIV-AIDS differently from others, potentially violating disability discrimination laws.

HIV-AIDS is considered a disability under the Americans with Disabilities Act, and private and public organizations are prohibited from discriminating against persons with HIV. However, any California disability discrimination lawyers would be pleased to find that approximately 90% of dentists in Los Angeles County included in the survey said that they would treat HIV-positive patients. In fact, there does seem to be much more awareness among dentists than in other medical fields. A staggering 55% of obstetricians according to the survey would refuse to treat a patient who was HIV-positive. Among cosmetic surgeons, the rate was about 26%.

However, the researchers believed that the rates of discrimination against persons with HIV-AIDS are probably higher in dental offices outside Los Angeles County. The rate of discrimination seems to have a direct link to the prevalence of HIV-AIDS in the community.

Will I Get an Inheritance Cash Loan If I Am Named in a Spendthrift Trust?

Sunday, December 11, 2011

Often, persons who walk into the office of an inheritance cash loan company have been mentioned as beneficiaries in what is known as a ‘spendthrift trust.’ Persons who are beneficiaries of such trusts may not be eligible for inheritance cash loans.

A spendthrift trust places authority over the trust in the hands of an independent trustee. This trustee is given the power to determine how the trust funds may be used for the benefit of the beneficiary. The beneficiary of the trust is not in direct control of the funds. The trustee makes all important decisions related to the spendthrift trust. Even creditors cannot directly access the funds in a spendthrift trust, because the beneficiary does not have direct access to the funds himself.

Typically, these spendthrift trusts do not allow sale, transfer, pledge and any other authority over the trust to any other party. These trusts do not allow the disposal of any benefits of the trust to any 3rd party. The trust terms may categorically state that the trust will not be responsible for any debts, contracts, torts or any other liabilities of any person who has been named as a beneficiary of the trust.
Unfortunately, in such cases, an inheritance cash loan company will not be able to help you obtain a cash advance on your inheritance.

To be eligible for a probate cash loan, you must be in line for an inheritance. If you have been named in someone's will, and are in need of cash to cover expenses until probate is complete, you can apply for a probate cash loan without the need for any background/credit checks and other formalities.

Group Files Lawsuit against Pennsylvania Boarding School for Denying Admission to Students with AIDS

Wednesday, December 07, 2011

The Centers for Disease Control and Prevention has insisted for years now that HIV/AIDS does not spread through casual physical contact. In spite of these assurances, California disability discrimination lawyers find that discrimination against people who suffer from HIV/AIDS is still rampant in the United States. A private boarding school in Pennsylvania is the subject of a discrimination lawsuit filed by an HIV/AIDS advocacy group. The lawsuit alleges that the school denied admission to a boy because he suffers from AIDS.

The lawsuit alleges that the Milton Hershey School for disadvantaged students discriminated against the boy based on his disease, and violated the Americans with Disabilities Act. Under an amendment to the Americans with Disabilities Act in 2008, HIV is considered a qualified disability. Schools must make accommodations for persons suffering from HIV/AIDS.

The AIDS Law Project of Pennsylvania has now filed a lawsuit on behalf of the 13-year-old boy, who was denied admission to the Milton Hershey School because of his medical condition. According to the school, it was necessary to deny the boy admission because the school houses at least 1,800 other children who study in classes from kindergarten through 12th grade. Students living in homes at the school are in close proximity to other children. According to the school, in an environment like this, it is important to protect the students from chronic, communicable diseases like AIDS. The school is going to great lengths to stress that the restriction on chronic and communicable diseases is not limited only to AIDS, but also includes other medical conditions.

The boy is on HIV AIDS medication, and is an honor roll student and athlete whose medical condition has not affected his life in school or his potential in any way. The lawsuit alleges that the school is denying him an important opportunity for education because of ignorance and fear of HIV/AIDS.

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