Wednesday, October 14, 2009

HI all - sill alive

The Good sisters of Mercy threw me out into the steet - as they wanted to for four yers now.


I Lost the SRO Apartment at Mercy Housing, but left on the second day afater sep 30, 2009. I have been in the hospital ever since. I Becaome suicidal and decided to do somethint about that first. I am now in Reed Mental Health Center and they are helping with my menal problems as well as housing - via Public Aid and SSI - just wanted to let you know.

The cats are gone, I dont kknow what happened to them - but I am alive and well and recoverining. Thanks again for everything, and pleae pray fof me. --

I am trying to ensure that my $500.00 in law books and clothes will be safe, but Mercy Housing has not yet returned my calls.

I have nowehre to go but we are working on housing issues here at Reed. Merciful, eh?

Praise the Lord and God Bless America, George M Wienert V

Saturday, August 08, 2009

Nursing Home Malpractice

A Nurse Can Offer Expert Testimony On Causation In A Nursing Home Malpractice Case

August 5th, 2009 · No Comments

The case of Detloff v. Absecon Manor Nursing Center, Docket No. A-5941-07T2 (App. Div., August 4, 2009) arose out of the care and treatment provided to decedent while she was admitted at defendant Absecon Manor, a long-term care facility. Plaintiff, executrix of the estate of Mary Mazzei, filed a complaint alleging nursing malpractice supported by an affidavit of merit executed by a licensed registered nurse who specialized in wound care nursing and nursing administration certifying that the nursing home failed to meet the appropriate standard of case. The parties then engaged in discovery. Upon completion of discovery, defendant moved for summary judgment. Among the reasons defendant asserted as a basis for the granting of the motion was that plaintiff failed to provide competent expert testimony establishing causation and damages. Alternatively, defendant argued that plaintiff’s expert was statutorily prohibited from rendering a medical diagnosis or providing an opinion as to the cause of an underlying disease. The trial court judge granted summary judgment, dismissing the complaint. The trial court found as “a matter of law, [that] a nurse is not qualified to a render medical opinion with respect to causation.” On appeal, the appellate court reversed and remanded for trial on all claims except plaintiff’s wrongful death claim. The court ruled that the “opinions reached by [the licensed registered nurse] do not require a medical diagnosis. Indeed, it is of common knowledge that the day-today care of nursing home residents is generally undertaken not by physicians but by nursing staff such as licensed practical nurses and nursing aides under the supervision of a registered nurse. The level of involvement of nurses in nursing home care is expressly addressed in regulations promulgated by the Department of Human Services.” Therefore, given the scope of nursing care under the direction of a nursing administrator, the court ruled that a nurse can testify on the issue of causation, but those opinions did not extend to the cause of plaintiff’s death.

The Detloff v. Absecon Manor Nursing Center case can be found here - Detloff v. Absecon Manor Nursing Center

Tags: Care Facilities · Elder Abuse · New Cases · Nursing Facility Litigation · Nursing Homes

Sister gets message from Above

Closet Falls On 90 Year Old Nun At Rockland County Run Nursing Home

August 4, 2009
By Thomas Gallivan on August 4, 2009 11:41 PM

A 90 year-old Catholic nun was tragically killed after an unsecured closet fell on her head while she was a resident at Summit Park Nursing Care Center, a Rockland County-run nursing home. Sister Mary suffered from dementia and heart disease. The freestanding wardrobe was not bolted to the wall appropriately. She was found unconscious and bleeding from her forehead. Sister Mary died soon after being transported to a nearby hospital.

It was apparently the third time a resident at the facility was injured in an accident involving one of these unsecured closets. Summit Park was fined approximately $17,000 by the Centers for Medicare and Medicaid as a result of the incident.

Website Resources:

Elderly Nun Dies In Nursing Home Closet Accident, CBS/AP, October 24, 2008.

New York Nursing Home Choking

Choking Incident At New York Nursing Home Handled Inappropriately By Staff Causes Death

August 6, 2009
By Thomas Gallivan on August 6, 2009 4:04 PM

The Crossings, a New York nursing home, was fined $13,300 by the federal government as a result of an incident involving a choking resident. The resident was fed pancakes and sausages, both of which were cut into tiny pieces. Soon thereafter, a nurse's aide noticed the resident was not breathing and that the resident's lips had turned blue. However, the nurse's aide neglected to call a "code blue", call 911, and/or perform the Heimlich maneuver. A licensed practical nurse and a registered nurse who appeared on the scene a few moments later also failed to call 911 or a "code blue" immediately. As a result, the resident went into cardiac arrest and died at a nearby hospital.

The Crossings was cited for failing to appropriately train its employees regarding "code" situations, as well as providing care that did not meet minimum professional standards. If you or a loved one has been the victim of a choking incident that was not handled appropriately, please contact the New York Nursing Home Neglect Attorneys at Gallivan & Gallivan.

Website Resources:

Nursing home fined $13,300 - Agency says The Crossings didn't give proper care to choking resident who died, The Post-Standard, James T. Mulder, November 19, 2008.

Elder Abuse

ELDER ABUSE

August 6, 2009
By Steven Peck on August 6, 2009 6:00 AM

Elder abuse, also referred to as elder mistreatment, is any abuse or neglect of a person aged 60 or older by a caregiver or another person in a relationship involving an expectation of trust that threatens his or her health or safety. It is difficult to determine the prevalence of elder abuse because many times cases are not reported. A 2003 National Research Council report estimated that there are between 1 million and 2 million cases of elder abuse and neglect in the United States every year. Family members, adult children, or spouses are implicated in 90% of the cases of elder abuse. Those affected are usually elderly people who are cognitively or physically frail, depressed, lonely, or lacking social support. The August 5, 2009, issue of JAMA is a theme issue on violence and human rights that includes an article reporting that both elder abuse and self-neglect in a community-dwelling population are associated with an increased risk of death.

TYPES OF ELDER ABUSE

Physical abuse such as the infliction of pain or injury,including physical or drug-induced restraint

Sexual abuse, including any nonconsensual sexual contact

Emotional abuse, including infliction of any mental anguish

Caregiver neglect--refusal or failure to fulfill caregiver obligations to meet basic needs, including food, clothing, housing, and medical care

Financial exploitation, including any unauthorized orimproper use of the funds or resources of an elderly person

RISK FACTORS FOR ELDER ABUSE

Elders with memory problems (such as dementia) or who are physically dependent on others

Elders with depression, loneliness, or lack of social support

Caregiver stress when the caregiver feels overwhelmed with the care of the elder

Caregiver has history of substance abuse or history of abusing others

Caregiver has high emotional or financial dependence on the elder

PREVENTION OF ELDER ABUSE

Intervene if you suspect elder abuse--in California contact Steven Peck's Premier Legal elder care help line at 1-866-999-9085 to talk to an experienced elder abuse and neglect attorney or go to www.premierlegal.org

Listen to elders and their caregivers.

Get help from family, friends, or local support groups.

Seek counseling or other support if you are feeling stressed or depressed.

Get help if you have substance abuse problems.

It is Finished

The Long Eviction case is Over.

I have to MOVE OUT BY Sep 30, 2009 - of i GET TOssed out by the Sheriff. i'm still taking my inverion but am woreried that DEPRESSION MAY SOON SET IN, though it has not as of yet.

i'll be at HHA at 10:30 AM Wednesday, since i don't know about the Catholic Charities thing yet = though they can help with a DIFFERENT MISSION NOW _ finding a place to STAY AFTER Sep 30, 2009.

if you can HELP KEEP THIS 58 year man out of the SHELTER SYSTEM let me know ASAP.

Father, into your hands I Commend my spirit.

George M Weinert V

Saturday, August 01, 2009

Obama Gang Terrorirzes senoirs

Police called on retirees at senator's LA office

Thursday, July 30, 2009


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(07-30) 20:28 PDT Los Angeles, CA (AP) --

Police were called on a group of retirees who refused to leave Sen. Dianne Feinstein's West Los Angeles office until she talked to them about health care reform.


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More News
Filipinos set aside divisions to honor Aquino 08.01.09
GDP's small drop points to easing of recession 07.31.09
BART, unions reach an agreement 07.31.09
Housewife to People Power, Aquino kept faith 07.31.09

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Los Angeles police Sergeant Rich Brunson said Thursday that police lured the group of seven outside somehow, then locked the building's doors behind them.

Brunson had said earlier that eight people were being taken into custody, but corrected himself after getting new details from officers on the scene.

A spokeswoman for the 55- to 87-year-old activists said they arrived at Feinstein's office around noon and remained in her conference room more than six hours.

Feinstein spokesman Gil Duran says staff offered the retirees an in-person meeting with the senator during a Los Angeles visit next week but that they demanded to speak with her immediately.



Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2009/07/30/state/n184320D61.DTL#ixzz0MxeaP5BL


Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2009/07/30/state/n184320D61.DTL#ixzz0MxeaVd95


Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2009/07/30/state/n184320D61.DTL#ixzz0MxeaVd95


Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2009/07/30/state/n184320D61.DTL#ixzz0MxeaVd95
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This is TERRORISM - sponsored by the US Government!!!

Thursday, July 30, 2009

Liberal Compassion

City offers homeless a one-way ticket out of town
BY Leo Standora
DAILY NEWS STAFF WRITER

Wednesday, July 29th 2009, 4:00 AM

Take our PollThat's the ticket
What do you think of the Bloomberg administration's program that gives the homeless a free ride out of town?


It's great. Seems like the plan is saving the city money.



It's wrong. There has to be a better way to help the homeless than shipping them out of town.


If you're homeless and can't cut it in New York, the city has your one-way ticket outta here - to anywhere in the world - on the house.

The free ride is part of a $500,000-a-year Bloomberg administration program to keep the homeless out of the shelter system, which costs $36,000 a year per family, The New York Times reported.

More than 550 families have left for destinations in 24 states and five continents on the city's dime since 2007.

City officials said there were no limits on where a family can be sent; all it takes is for a relative to take them in when they arrive.

Once a family leaves, homeless services officials say they follow up to make sure they have arrived and are okay.

In rare cases, the family will be advanced up to four months' rent, a one-month security deposit, a furniture allowance and a broker's fee.


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Blessed are the Merciful, for they shall know Mercy. Matt 5:7

Tuesday, July 28, 2009

New Report on Global Aging

July 23, 2009

Census Bureau releases new report on global aging
The average age of the world’s population is increasing at an unprecedented rate. The number of people worldwide 65 and older is estimated at 506 million as of midyear 2008; by 2040, that number will hit 1.3 billion. Thus, in just over 30 years, the proportion of older people will double from 7 percent to 14 percent of the total world population, according to a new report, An Aging World: 2008 [PDF].

The report examines the demographic and socioeconomic trends accompanying this phenomenon. It was commissioned by the National Institute on Aging (NIA), part of the National Institutes of Health and produced by the U.S. Census Bureau.

“The world’s population of people over age 65 is growing rapidly, and with it will come a number of challenges and opportunities,” said NIA Director Dr. Richard J. Hodes. “NIA and our partners at the Census Bureau are committed to providing the best data possible so that we can better understand the course of population aging and its implications.”

An Aging World: 2008 examines nine international population trends identified in 2007 by the NIA and the U.S. Department of State (“Why Population Aging Matters: A Global Perspective”). The report also contains detailed information on life expectancy, health, disability, gender balance, marital status, living arrangements, education and literacy, labor force participation and retirement and pensions among older people around the world.

“Aging is affecting every country in every part of the world,” said Richard Suzman, director of NIA’s Division of Behavioral and Social Research. “While there are important differences between developed and developing countries, global aging is changing the social and economic nature of the planet and presenting difficult challenges. The fact that, within 10 years, for the first time in human history there will be more people 65 and older than children under 5 in the world underlines the extent of this change.”

Highlights of the report include:

While developed nations have relatively high proportions of people 65 and older, the most rapid increases in the older population are in the developing world. The current rate of growth of the older population in developing countries is more than double that in developed countries, and is also double that of the total world population.
As of 2008, 62 percent (313 million) of the world’s people 65 and older lived in developing countries. By 2040, today’s developing countries are likely to be home to more than 1 billion people 65 and over, 76 percent of the projected world total.
The oldest old, people 80 and older, are the fastest growing portion of the total population in many countries. Globally, the oldest old population is projected to increase 233 percent between 2008 and 2040, compared with 160 percent for the population 65 and over and 33 percent for the total population of all ages.
The 65-and-older population in China and India alone numbered 166 million in 2008, nearly one-third of the world’s total. Issues related to population aging in the world’s two most populous nations will be accentuated in the coming decades as the absolute number climbs to 551 million in 2040 (329 million in China and 222 million in India).
Childlessness among European and U.S. women 65 and older in 2005 ranged from less than 8 percent in the Czech Republic to 15 percent in Austria and Italy. Twenty percent of women 40–44 in the United States in 2006 had no biologic children. These data raise questions about the provision of care when this cohort reaches advanced ages.
Older people provide support to as well as receive support from their children. In countries with well-established pension and social security programs, many older adults provide shelter and financial assistance to their adult children and grandchildren. Older people in developing countries, although less likely to provide financial help to children, make substantial contributions to family well-being through such activities as household maintenance and grandchild care.
The report was prepared by Kevin Kinsella and Wan He of the International Programs Center in the Population Division of the Census Bureau. Research for and production of the report were supported under an interagency agreement with the NIA’s Behavioral and Social Research Division.

The NIA leads the federal effort supporting and conducting research on aging and the medical, social and behavioral issues of older people. For more information on research and aging, go to .

The NIH — the nation’s medical research agency — includes 27 institutes and centers and is a component of the U.S. Department of Health and Human Services. It is the primary federal agency for conducting and supporting basic, clinical and translational medical research, and it investigates the causes, treatments, and cures for both common and rare diseases. For more information about NIH and its programs, visit .

July 23, 2009 | Permalink

Friday, July 24, 2009

Elder Law in America

2008 was widely touted as the YEAR FOR ELDER LAW - what happened?

Now, OBAMA's Czars are decding who should and should not DIE - so it looks liket those of over 55 have a real fight if we are going to remain vital to society.


O BRAVE NEW WORLD, THAT HAS SUCH THINGS IN IT!!!

Wednesday, July 15, 2009

FIrst Amendment Update

Persecution of Christians Increasing in Iraq
by Robert Spencer

07/15/2009


On Sunday, July 12, Aziz Rozko Hanna, an Iraqi Christian who was serving as director of the Department of Financial Control of the city of Kirkuk, was driving with his daughter in Dumiz, a Christian neighborhood in Kirkuk, when he was stopped, pulled from his car, and shot dead in front of his daughter.

On the same day, five churches in Baghdad were bombed, wounding eight civilians. And all this has come after persecution and harassment that has led over half of the Christians in Iraq to leave the country in the last few years. The situation has gotten so bad that the Roman Catholic Archbishop of Baghdad, Jean Benjamin Sleiman, said in May: “I fear the extinction of Christianity in Iraq and the Middle East.”

Sleiman has good reason to fear. In 1909, the Middle East was 20 percent Christian; one hundred years later, that percentage has fallen to five percent. This decline is directly related to the resurgence of the Islamic jihad and Islamic supremacism around the world in the twentieth and twenty-first centuries. As Muslimsreassert traditional Islamic legal stipulations mandating and institutionalizing discrimination against and harassment of Christians, Christians all over the Islamic world are feeling the heat.


Quasi-secular despots such as Saddam Hussein were not interested in enforcing the provisions of Islamic law mandating second-class status for non-Muslims. (Saddam chose his murder victims on other bases.) Christians enjoyed relatively equal rights under his regime, but after he was toppled, things began to change radically. Groups dedicated to the imposition of Islamic law over the country began to victimize Christians on a large scale. In March 2007, Islamic gangs knocked on doors in Christian neighborhoods in Baghdad, demanding payment of the jizya -- the special tax the Koran mandates for non-Muslims who submit to Islamic rule.

Nor was that the beginning of the terrorizing of Iraq’s Christians. In October 2006, a Syrian Orthodox priest, Fr. Boulos Iskander, was kidnapped in the Iraqi city of Mosul. He was never seen alive again. A Muslim group demanded $350,000 in ransom; they eventually lowered this to $40,000, but added a new demand: Fr. Boulos’ parish had to denounce the remarks made the previous month by Pope Benedict XVI in an address in Regensburg, Germany, that caused rioting all over the Islamic world. The ransom was paid, and the church dutifully posted 30 large signs all over Mosul, but to no avail: Fr. Boulos was murdered and dismembered, not necessarily in that order.

Five hundred Christians attended the funeral of Fr. Boulos Iskander. Another priest commented: “Many more wanted to come to the funeral, but they were afraid. We are in very bad circumstances now.”

This murder took place against a backdrop of increasing persecution of Christians in Iraq. Women were threatened with kidnapping or death if they did not wear a headscarf; in accord with traditional Islamic legal restrictions on Christians “openly displaying wine or pork” (in the words of a legal manual endorsed by Cairo’s venerable Al-Azhar University), liquor store owners in Iraq were threatened and some were murdered. Many of their businesses were destroyed, and the owners fled. A onetime Iraqi liquor store owner now living in Syria lamented that “now at least 75 percent of my Christian friends have fled. There is no future for us in Iraq.”

Now that Barack Obama is removing U.S. troops from Iraq, this resurgent Islamic supremacism will only gain momentum. Though he could have helped protect Iraq’s Christians, Obama has shown no interest in using his bully pulpit to alleviate their plight. Instead, Obama has manifested a disquieting eagerness to cozy up to Sharia regimes – notably the one in next-door Iran, which is working still to create a Shi’ite client state in Iraq. Christians, as well as other non-Muslims, will suffer increasingly, in direct proportion to Iran’s success in Iraq. Muslim persecution of Christians -- built as it is into the foundations of Islamic theology and law -- is only going to increase as the Islamic reawakening continues in the Muslim world. Obama should -- if he had the guts and the vision that so many loudly proclaimed that he had -- stand up and say, “No more.” But he won’t.


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Mr. Spencer is director of Jihad Watch and author of "The Politically Incorrect Guide to Islam (and the Crusades)", "The Truth About Muhammad," and "Stealth Jihad" (all from Regnery -- a HUMAN EVENTS sister company).

Homeless Law Update

Punks invade Williamsburg as heroin-addicted hobos set up shop in trendy Brooklyn neighborhood
BY Ben Chapman and Elizabeth Hays DAILY NEWS WRITERS
Wednesday, July 15th 2009, 4:00 AM

Heroin-addict hobos from around the country are overrunning hipster haven Williamsburg - living in stalled luxury condo projects in the trendy Brooklyn neighborhood.
The newcomers, who call themselves "gutter punks," are stirring outrage among residents and shopkeepers who charge the bums brawl on the sidewalk, shoplift and shoot heroin in trendy cafe bathrooms.
"It's like St. Marks in the '70s," said Williamsburg activist Philip DePaolo, referring to the notorious East Village hangout. "It's the bad old days all over again. There's crack and heroin all over the neighborhood."
The squatters, from middle-class families, hop freight trains to the city, where they can earn up to $150 a day panhandling in Manhattan. At night, like plenty of other borough commuters, they return to their homes: grubby hideaways inside boarded-up lots that pock the once-booming neighborhood.

"I've got to sleep somewhere, and I might as well do it in Williamsburg," said Stuart, 22, a Florida college dropout.
The admitted alcoholic and heroin user makes $15 an hour panhandling in Union Square, holding a sign that reads "Traveling Broke and Sexy."
"The girls here like it that I'm dirty and I ride trains," he added.
That's bad news for locals, who want Stuart and his brethren out - as soon as possible.
The vagrants - who also call themselves "crusty punks" - swarmed into Williamsburg this spring, drawn by open-minded young people and vacant lots.
Packs of punks and their mangy dogs clog Bedford Ave. in the evenings. They sprawl drunkenly on the sidewalk and heckle hipsters for money and cigarettes.
"There's a big crowd of us here," said Sethry, 20, of Portland, Ore., lounging near NorthNinth St. one recent night. "Every night it's a party with all our friends."
The Daily News found at least four current or recent squats clustered near Driggs Ave. and North 10th St., each littered with mattresses, clothes and bottles.
Squatters said 510 Driggs Ave. is a "shooting gallery" - a hot spot for heroin. The site, developed by Kalmon Dolgin, was slated to be a 50-unit luxury rental with penthouses fetching up to $5,000 a month. Kalmon Dolgin didn't return calls for comment.
"This is not Haight-Ashbury," said Community Board 1 member Evan Thies. "This is a family neighborhood."

Cops said they haven't seen an increase in crime or vagrants, but would monitor the area. "If someone is found trespassing or sleeping in [the lots] ... they will be arrested," said NYPD spokesman Detective Joseph Cavitolo.
Buildings Department officials said a special unit has been created to monitor stalled construction sites across the city.

http://www.nydailynews.com/ny_local/brooklyn/2009/07/15/2009-07-15_hordes_of_hobos_set_up_shop_in_williamsburg_punks_invade_neighborhood.html#ixzz0LMZZPCSj&C

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As a formerly homeless man this must be condemned. The homeless have enough problems with the DOPE FIENDS and DIRT BAGS creating even more -

New Elder Law Podcast

Today's Show:Choosing Your Medicare D Plan Today's Guest: Hilary DalinWhat to Look for in a Medicare Part D PlanThere are between 45 and 60 Medicare drug plans to choose from in any given state. Learn how to find the plan that best meets your needs and where to turn for help. LISTEN NOW

Your Host: Harry S. Margolis Founder & President of ElderLawAnswers the first online resource devoted to the legal needs of the elderly. More ElderLaw Radio Interviews