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Author: MichaelEhline

FOIA and Suing State Actors for Suspending Your Account After Discussing Hunter Biden’s Laptop

Was your Instagram, Twitter, or Facebook account suspended or throttled after discussing Hunter Biden’s laptop story before the last presidential election? Frustration can set in, especially if you feel your freedom of speech has been impeded by ruining your brand. But don’t fret – you have legal avenues to redress. Specifically, you can submit a Freedom of Information Act (FOIA) request to obtain your records and use social media and their revolving door (FBI) employees. Before we delve into the steps you need to take, remember two essential details: always include your banned username and a brief context as to why you think your account was suspended. 

Remember: Freedom of information is not just about seeking answers. It’s about asserting your rights as a citizen.

What is a State Actor Under the 14th Amendment?

In the context of the 14th Amendment to the United States Constitution, a “state actor” refers to an entity or individual closely associated with or connected to the government. The 14th Amendment, adopted in 1868, includes the Equal Protection Clause, which prohibits states from denying any person within their jurisdiction the equal protection of the laws.

The concept of state action is crucial when considering constitutional rights, as these rights are generally intended to protect individuals from government actions rather than actions by private individuals or entities. The 14th Amendment extends the protections of the Constitution to individuals against actions by state governments, but it does not automatically apply to actions by private parties.

Examples of state actors under the 14th Amendment may include:

  1. Government Agencies: Actions taken by various government agencies at the state and local levels.
  2. Public Officials: Individuals holding public office or acting in an official capacity on behalf of the government.
  3. Government Employees: Individuals employed by the government when acting within the scope of their official duties.
  4. State-Funded Entities: Entities that receive significant government funding or are otherwise entwined with the state subject them to constitutional constraints.

Private individuals or entities, even if receiving some government funding or regulation, are generally not considered state actors for the 14th Amendment unless their actions are significantly intertwined with government actions.

The determination of state action is a complex legal issue, and cases involving the 14th Amendment often hinge on whether the entity or individual in question can be considered a state actor based on the specific facts and circumstances of the case. Courts may consider factors such as the level of government involvement, the nature of the action, and the relationship between the private entity and the government.

What is FOIA?

FOIA, or the Freedom of Information Act, is a federal law that grants the public the right to request access to records and information held by government agencies, promoting transparency and accountability.

Making a Freedom of Information Act (FOIA) request involves specific steps to ensure a smooth and effective process. Here are the general steps:

  1. Identify the Correct Agency: Determine the federal agency that likely holds the information you seek. Each agency has its own FOIA office.
  2. Check for Publicly Available Information: Before making a request, check if the information is publicly available. Some information may be accessible without a formal FOIA request.
  3. Prepare a Written Request: Create a clear and concise written request that includes:
    • Your name and contact information.
    • A detailed description of the records you are seeking.
    • Specify the format you prefer for receiving the information (electronic or hard copy).
  4. Address the Request to the Correct FOIA Officer: Ensure you address your Request to the correct FOIA officer at the identified agency—The contact information is on the agency’s website.
  5. Include Necessary Details: If possible, provide as much detail as possible about the records you seek. This helps the agency locate the information more efficiently.
  6. Specify Fee Preferences: Indicate if you are willing to pay fees associated with processing the Request. FOIA requests may have fees for search, duplication, and review, but specific categories of requesters may be eligible for fee waivers.
  7. Mail or Submit the Request: Send your Request to the FOIA officer using the agency’s appropriate mailing address or online submission portal. Some agencies also accept requests via email.
  8. Follow Agency-Specific Procedures: Different agencies may have specific procedures for handling FOIA requests. Familiarize yourself with any agency-specific requirements or guidelines.
  9. Receive Acknowledgment and Tracking Number: Once the agency receives your Request, you should receive an acknowledgment and a tracking number. This number allows you to check the status of your Request.
  10. Wait for a Response: The agency must respond to your Request within a specific timeframe. The response may include the requested records, a denial with reasons, or a request for clarification.
  11. Appeal if Necessary: If your Request is denied or you are dissatisfied with the response, you can appeal the decision. Follow the agency’s appeals process outlined in the response.

Your essential checklist: 

  1. Keep ready the username of your banned account
  2. Specify the context of your banning – the discussion about Hunter Biden’s laptop story

With these details at hand, you are ready to proceed. In the following sections, we’ll walk you through making a robust FOIA request. We’ll make it simple and engaging so that asserting your rights becomes less of a chore and more of a meaningful engagement. Buckle up, and let’s get started!

Step 1: Gather All Necessary Information 

To start your Freedom of Information Act (FOIA) request, you’ll need to compile all the necessary information. This includes your banned Facebook or Instagram username, the detailed reason Facebook or Instagram gave for suspending your account, and any other relevant details, such as the date the action was taken and the content that caused your suspension. 

Step 2: Writing Your FOIA Request 

Once you’ve collected the necessary information, it’s time to draft your FOIA request. Remember: clarity and precision are your allies here. Your Request should include all the identified details and clearly express exactly what records or information you seek. 

  • Username: Start by mentioning your banned username. This would include usernames from Instagram and Facebook, if applicable.
  • Reason for Suspension: Include the reason the social media platforms gave for your account suspension. For example, mention this specifically if you were banned after discussing the Hunter Biden laptop story.
  • Additional Details: Include relevant details such as the date of the suspension, the posts that led to the action, and any other appropriate information. Photos/screencaps of the banned posts may also be included.

Step 3: Submitting Your FOIA Request 

The final step in this process is to submit your well-crafted FOIA request. You can do this by mailing it to the appropriate government agency. As FOIA applies to government agencies, it may not directly apply to Facebook or Instagram, but it can still be a valuable step in understanding why your account was suspended. 

Remember to keep a copy of your Request. Documentation is always a wise practice. Patience is vital as, depending on the agency, responses can take weeks or months. 

By making a FOIA request, you’re exercising a fundamental right to information and ensuring transparency from those who wield power. It is a crucial step to take if your voice was silenced seemingly without reason. Stay engaged, and keep pressuring for answers. After all, it is your right to know.

Step 4: Awaiting Response and Next Steps 

You’ve sent in your FOIA request; now what? The waiting period begins after your Request has been formulated correctly and forwarded to the appropriate person. 

This phase typically takes 20 to 30 business days, which can feel like an eternity when you’re waiting for critical information. Remember, patience is your ally during this period. 

What do you do if you haven’t received a response? 

If you don’t receive a response after the upper limit of the mentioned timeline, don’t worry. You can contact the agency for a status update on your Request. You can also appeal to the relevant office, citing undue delay. 

If your Request is denied, you have two lines of appeal. The first is with the agency that rejected your Request, while the second lies with the Federal Court. The decision to appeal will depend on the significance of the information you requested and your willingness to pursue the matter further. 

Censoring Freedom of Speech to Interfere With Elections?

Regarding freedom of speech and the right to express opinions, the Internet offers an unrivaled platform for everyone. At the forefront of this expression channel are social media platforms, yet there are instances where disagreements about content moderation arise. Specifically, you may have faced censorship or banning while discussing the Hunter Biden laptop story on these platforms, which can feel like an infringement on your rights. In such circumstances, you might contemplate bringing a lawsuit against the social media giants or the FBI. With the release of the Twitter files, we now know that many FBI employees acted as surrogates for social media companies and the Biden Admin. So, how does one commence such a complex legal action against such a powerful organization? 

As you delve into this journey, we will guide you step-by-step through the process, covering all aspects, such as the legalities, potential routes you can take, and things to keep in mind. Grab a notepad and coffee, and keep an open mind; we’re about to navigate some attractive legal waters! 

First, let’s discuss what censoring means in the context of social media. Censorship typically refers to public institutions like the government suppressing information they deem harmful, misleading, or inconvenient. However, private companies like Facebook, Twitter, or Instagram aren’t classified as typical censorship organizations unless you support Donald Trump. This is because they have their own sets of guidelines and participate in self-regulation to maintain the balance and safety of their platforms. But there are exceptions here, and let’s explore that further. 

Understanding the law that governs social media censorship 

The First Amendment to the Constitution of the United States prohibits government entities from infringing on freedom of speech. However, it does not restrict private entities like social media companies from removing or banning content that violates their community guidelines. This point is essential before you plan to use a social media platform. However, there’s a twist! 

The twist comes from an interpretation of the law—specific rulings state that private corporations and individuals can be considered state actors under particular circumstances. This means that when a private company, like a social media platform, acts almost akin to a government body, decisions like censoring may be viewed with a stricter lens. There’s a potential legal challenge, but only if you can establish this. 

See also this video, “Jim Jordan Ruthlessly Grills Witnesses About Hunter Biden Probe, Govt Censorship | 2023 Rewind.”

Building Your Case: The FBI and Social Media Platforms 

Before you sue social media platforms and the FBI, FTC, etc., for possible censorship, it is crucial to build a case that illustrates the government’s involvement as a state actor alongside social media companies in suppressing the Hunter Biden laptop story.

Here are some steps you may consider: 

  1. Collect Evidence: Document instances where your content related to the Hunter Biden laptop story was removed, banned, or suppressed. Screenshots, emails, and form letters from the social media platform or FBI are crucial pieces of evidence.
  2. Establish Connection With State Actor: You have to prove that the social media platform was working in conjunction with a government body like the FBI (Peter Strzok, Lisa Paige, etc.).
  3. Prove Censorship: Demonstrate that the social media platform and FBI actions suppressed your freedom of speech.

Remember, these steps are complex and require careful planning and execution. Legal advice and assistance from a lawyer with experience in freedom of speech and internet law can significantly bolster your case. 

The Lawsuit 

After gathering the necessary evidence and affirming the connections, you can file a lawsuit. Be prepared—this can be a long journey with its fair share of challenges. 

Stay strong, organize your evidence, and work closely with your legal counsel. Pursuing a lawsuit against the FBI and social media platforms is no small task, but with the right guidance and preparation, it’s certainly possible.

Serving the Lawsuit Papers 

So you’ve gathered your evidence, engaged with legal counsel, and prepared to take on the giants: the FBI and major social media platforms. The road ahead requires dedication, but your rights and freedoms are on the line. Let’s move on to the next step: serving your lawsuit papers. 

The initial part of any lawsuit includes serving the papers to the corresponding parties involved. This includes the social media platform that took the controversial action and the Federal Bureau of Investigation. 

Substantial evidence and documentation are the key to success here. Include all the specifics, from dates and times of deleted posts to explicit mentions of the Hunter Biden laptop story. Your lawsuit should clearly show the censorship, the alleged bias, and the consequences you’ve faced. 

Pressuring through Public Opinion 

One unique aspect of this kind of lawsuit is the potential power of public pressure. Let’s not forget the fundamental role of social media—it’s a platform that allows your voice to be heard. As such, it’s a perfect stage to bring attention to your cause. But remember, it shouldn’t come across as deliberate manipulation. Be honest and transparent, and share your plight, which can potentially rally public support around you.

A well-constructed plea to the public can not only put pressure on the social media platform and force them to reconsider but also illustrate to the world the potential hazards of unchecked censorship. The pressure on these platforms can be enormous if the public sentiment swings in your favor. 

Pursuing Legal Avenues 

You must continue following the legal process once you’ve built public support and served your papers. Detailed jurisdictional rules must be followed in the letter, guided by your legal counsel. This includes filing the appropriate paperwork with the court, documenting all interactions and proceedings, and preparing for potential court hearings. 

It is crucial to carefully track the social media platforms and the FBI’s response. Monitor for any changes in their policy or public statement, and work with your lawyer to adjust your approach if necessary. Remember, these are large entities with significant legal teams, and they will likely fight hard. But don’t falter. Hold onto your evidence and stick to your guns.

Conclusion: Your rights, your voice 

By filing a FOIA request, you’re exercising your right to understand why your account was suspended, mainly if this happened after you discussed a political topic. This action is one example of how citizens can challenge decisions that affect their freedom of expression and access to information. 

Let this guide serve as a resource for your journey to free speech and open communication, ensuring your voice is heard, and your rights are respected.

Looking to sue the FBI and social media for censorship is indeed a daunting task, but with thorough preparation, robust documentation, and proper legal counsel, it can be achievable. Remain patient, be persistent, and, most importantly, stay true to the fight for your rights. We’re right here with you.

Sources:

Is It Negligent to Let Biological Males Compete in Girl’s Sports?

According to the courts and science, a transgender person is someone with “gender dysphoria” or who wants to be the opposite sex but isn’t. To preface this, we know that politicians, college campuses, and even the U.S. military have been pushing a theory that there is no biological difference between males and females since the election of President Biden.

We also know that the military has lower physical standards for females because, in general, biological women are nowhere near as physically powerful, aggressive, or as large as biological males.

“Men have a higher speed and physical strength compared to women. A meta-analysis was conducted on 47 separate studies that measured how far men and women can throw various things. The effect size, i.e., the size of the difference, was significant in this area. . . In many studies, men are both physically and verbally more aggressive than women, with medium effect sizes.” (Source.)

Men Competing as Women Dominate Female Sports?

We also know that biological males allowed to compete in female sports dominate and devastate the biological females they compete against, with very few exceptions. Speaking about these truths of male and female differences on social media will likely get you banned for hate speech.

The question many are asking is why? Why don’t they force biological females to pass the same physical standards as males in sports and the military if there are no differences? Why have thousands of years of science been flushed down the toilet in favor of this new, transgender participation rule that men and women are the same, these people ask?

Now, we have a young lady battered in a sports game by a biological male with what would be considered superhuman strength for most biological females to possess. On October 22, 2022, footage surfaced of a volleyball match at a high school in North Carolina where a transgender “girl” (a biological male with a gender identification issue) smashed the ball, striking a biological girl on the opposing team, resulting in severe head and neck injuries.

The ball’s estimated speed before it hit the female volleyball player at the Hiwassee Dam High School was around 70 mph, resulting in long-term concussion symptoms. According to the board, their decision to forfeit all games against the team that let males on their team was purely based on safety concerns as they danced around the controversial topic of allowing overwhelmingly powerful men pretending to be girls to compete in girls’ sports.

However, when such incidents lead to injuries, many people question, “Is it negligent to let biological males compete in girls’ sports?”

Some States Have Issued Laws to Ban Transgender Athletes from Playing in Sports Teams

Texas rules ban transgender students from competing outside their gender in sports teams. However, the loophole in the law allowed transgender athletes, who changed their birth certificates to reflect their gender identity, to still play against female athletes. Conservative lawmakers recently closed that loophole, making Texas the latest state to bar transgender girls and possibly other self-identified strains of LGBTQ youth from automatically participating in women’s sports.

18 state legislatures have enacted laws or rules on the transgender athlete ban. Although the bills passed in states protect fairness in sports, they contradict Biden’s executive order on combating discrimination based on gender identity. The executive order overturned Trump’s policies and the rules laid by the National Collegiate Athletic Association. California is the only state that protects trans athletes, and more than 15 states have friendly policies toward transgender athletes (unlimited access allowing boys and nonbinary youth to compete against girls in sports.).

Does the Involvement of Transgender Athletes Prevent Participation of Female Students in Sports?

There was an argument that letting transgender athletes participate would drive women athletes away from high school and college sports on the playing field due to apparent, undeniable hormone levels. However, that is not the case, as female athletes rose more than 13% nationwide from 2018 to 2019. Even states that do not exclude trans kids from school sports in the university system saw an increase in girls’ participation.

The rise in female and male participation in sports was due to more schools offering comprehensive athletic programs. Creating opportunities for students will attract them and allegedly level the athletics playing field.

Now that we’ve debunked the notion that transgender athletes prevent girls’ participation in sports let’s go to the main issue.

Advocates and Lawmakers Argue That Male Participation Could Affect Women’s Opportunities

Some advocates and coaches believe that keeping biological males from participating in female sports may be a Title VII of the Civil Rights Act of 1964 issue, especially following the Supreme Court’s decision on the Bostock v. Clayton County, Ga case.

Title VIII pertains to the employment rights of individuals where they cannot be fired based on their sexual orientation. However, the main concern is Title IX of the Education Amendments Act of 1972, where legislation protects women’s right to participate competitively in education and sports.

Over the years, women fought for their rights to equal athletic opportunities mainly based on gender differences. Before Title IX, women often faced discrimination, depriving them of educational opportunities, and allowing males to compete directly with women could continue this discrimination.

Critics believe that young women are becoming spectators in girls’ sports and allowing transgender athletes to push back the progress women have made in the last five decades. Many girls do not like the idea of being forced to share the bathroom or take showers with boys “pretending” to be girls, either.

Arguments Against Participation of Transgender Girls in Female Sports Teams

Those advocating for biological males to participate as females believe that gender is a choice. If a biological male wishes they are the opposite sex, it must be that way. However, medical professionals and sports advocates disagree,

There Are Physical and Cognitive Differences among Genders

Among psychiatrists and other medical professionals, there is a consensus that if a man believes they are opposite sex, it does not make it accurate since it does not fall in line with the biological reality.

They believe that using drugs to suppress hormones does not alter biological sex or eradicate the certain physical advantages males will have against biological females.

Besides physical advantages, there are cognitive and behavioral differences, such as visuospatial skills and tracking objects, between sex differences.

It Could Also Be an Ethical Issue

Allowing transgender women to compete against biological females also becomes an ethical issue. Using drugs in competitive sports to alter the physical body is unethical.

The argument here is why drugs that counterfeits female biology should be given a free pass to offer girl protection to boys.

Constitution and Title IX Protects Transgender Rights: B.P.J. v. West Virginia State Board of Education

Idaho passed the Fairness in Women’s Sports Act in 2020, preventing biological males from competing against females and preserving equal athletic opportunities for women in girls’ sports. These bills are seemingly based on the fear that transgender students or athletes will dominate over high school girls or biological females, even when there is little to no evidence that this has or will happen.

West Virginia also passed a similar law barring the male sex from competing against women, which gave rise to the case B.P.J. v. West Virginia State Board of Education. A school told their student, B.P.J., that she could not join the girl’s cross country or track teams because of the newly enacted bill and B.P.J.’s transgender status.

B.P.J.’s biological sex was male at birth, but she knew she wanted to be a girl from a young age. In 2019, she started taking puberty-delaying pills after the doctors diagnosed her with gender dysphoria.

All her classmates had accepted B.P.J. for who she was, but now, because of the law, things suddenly changed for her, prompting her parents to sue the West Virginia State Board of Education. The lawsuit stated that the law violated B.P.J. ‘s 14th Amendment rights and Title IX.

The court found that the law discriminated based on B.P.J’s transgender status and was discrimination under Title IX. These laws try to solve problems that do not seem to exist. There are multiple cases where the courts found that Title IX protects transgender individuals.

Can I Sue for Sports Injuries?

In the case where the trans woman smashed the volleyball at 70 mph, causing injuries to the other female player, the question “Is it negligent to let biological males compete in girl’s sports?” should not arise.

Regardless of gender, anyone can be held responsible for causing harm to others due to their negligence. In sports, if injuries arise due to a regular act of the game, then there is no liability. But, if a player crosses the line, the injured party can pursue compensation. However, if girls are forced to compete against more prominent, more powerful men pretending to be girls, liability may exist against those running the team. This is because girls never consented to play against males, so they joined an all-female team!

Schedule a Free Consultation with Ehline Law to Discuss Your Civil Rights and Options to Compete in Sports Fairly

If you suffered sports injuries due to negligence, contact us at (833) LETS-SUE for a free consultation. You may qualify for compensation.

The Correlation – Fall Deaths and the Elderly

Falls have become a major global problem, with more than 684,000 fatal falls annually. It is now the second leading cause of unintentional injury deaths, the first being road traffic injuries. Around 80% of falls occur in low- to middle-income countries. Still, one thing remains consistent across all countries regarding fall-related deaths: death rates from fall accidents are highest among older adults, particularly those aged 60 and older.

Two seniors with a walking caneMore than 37.3 million fall-related injuries each year require medical attention. Fall injuries contribute to 38 million disability years, which means more years are eventually lost in disability from a fall injury than drowning, burns, and poison combined.

Fall-related injuries and deaths have become a significant public health problem for developed nations, too, as they face an increasingly aging population due to higher life expectancies. As the number of older adults increases in developed countries, the number of fall-related injuries and deaths is also bound to increase.

At Ehline Law, we empower potential clients and attorneys by providing them with up-to-date, relevant resources to guide them. Our experts offer quality information about personal injuries or learn the best negotiation practices. This article will review some statistics and studies to explore the correlation between fall deaths and the elderly.

Let’s get started!

Who Are the Most at Risk from Fall Accidents?

Although everyone is at risk of injuries from fall accidents, some factors, like age and gender, impact the severity of the injury.

Age

Children and older people are at higher risk of serious fall injuries and even death than all other age groups. In the United States, around 20 to 30% of the elderly who fall suffer from moderate-to-serious injuries such as hip fractures, scrapes, bruises, spinal cord injuries, and traumatic brain injuries. The risk is higher in older people due to physical and cognitive changes from aging. This is further worsened due to environments that do not adapt to an aging population.

Children are also susceptible to fall injuries because of their evolving nature, curiosity, and level of independence. Children often have a risk-taking attitude, which makes them more prone to being in environments that could cause fall-related injuries. However, it is not just a hazardous environment that puts children at risk of fall accidents but also living in poverty and sole parenthood.

Gender

Although all genders are equally at risk of fall injuries, some factors increase the risk of fall-related injuries for one gender more than the other. In some countries, females suffer more from non-fatal falls than males, who are more likely to die from a fall. If you look at falls across genders globally, you’ll find that males sustain higher death rates than females because of hazardous occupations and higher levels of risk-taking.

Many other risk factors can affect the number and severity of fall injuries, including hazardous working conditions, overcrowded housing, pre-existing medical conditions, medication side effects, lack of vision and poor mobility, and unsafe environments.

Let’s examine some of the studies conducted in the past across different regions to see if there is any correlation between fall deaths and the elderly.

Study #1 – Deaths from Falls in the United States

The study analyzes the mortality rates calculated from the U.S. National Center for Health Statistics data for all 50 states for older populations aged 65 years and above.

Deaths from falls in the United States show a varied pattern. In the U.S., more than 30,000 people over the age of 65 died in 2016, and the death rates across states varied. For example, in Alabama, there were around 24.4 deaths from falls per 100,000 population, while the death rate from falls significantly jumped in Wisconsin, with 142.7 deaths per 100,000 population.

The death rates from falls have steadily increased over the years, making it a cause for concern for the United States government and its healthcare sector. From 2007 to 2016, the national death toll from falls has significantly increased in the country by 31%. This figure remains consistent with the 2000 to 2006 findings, with an increase of 42%.

Findings from the Study

Higher Rate of Deadly Falls Among Men

In 2016, the CDC recorded more fatal falls among men than women, while they found that women are more likely to sustain non-fatal fall injuries than men. There are many factors contributing to this pattern, including falling from a ladder and falling while drinking, as these two increase the risk of severe injuries from a fall.

Increasing Rate of Death from Falls Among the Elderly

The population of older adults is increasing steadily, and in 2019, there were approximately 54.1 million people aged 65 years or older in the United States.

The rate of deaths from falls in older adults as a whole is higher than in any other group because of age-related factors, including reduced activity, chronic medical conditions, increased prescription medication use, and changes in balance from aging.

Although the population aged over 65 years in the United States is increasing, so is the death rate from falls among this group, and the fall death rate is increasing significantly among populations aged 85 years and above. The number of people aged 85 will reach approximately 8.9 million by 2030, and 3.9% of them will be at risk of death from falls annually.

Differences in Mortality Rates Across States

The study found a clear difference in mortality rates across states, possibly due to racial composition or the resident’s overall health. In 2016, mortality rates from falls for older white male adults were higher than any other ethnic group. This is why Wisconsin residents have a higher mortality rate than Alabama due to the higher proportion of older white adults in the state.

Another reason for the startling difference between state mortality rates is differential injury coding practices. Some states employ medical examiners, while others employ coroners to complete death certificates. In 2012, a coding patterns study reported that coroners recorded 14% fewer fall deaths than medical examiners.

Limitations of the Study

Any study has certain limitations, and in the case of deaths from falls in the United States study, there were four limitations.

  • Injury coding practices are not the same across different states, and there may be some changes in coding during the study period, resulting in increased mortality rates from falls in the country.
  • The funeral director is responsible for providing information about the race of the person who died. In this case, there is a possibility that the funeral director made observations about Hispanic ethnicity, resulting in an underestimation of deaths in that race.
  • The U.S. Census provides data for age-adjusted rates; according to them, the number of people aged 65 and above may have been undercounted, leading to overestimated mortality rates.
  • There could be a misclassification of death where the responsible person may report a person who died from a fall as a person who died from a heart attack or vice versa. This could lead to either an overestimation or an underestimation of mortality rates due to fall accidents.

The study provides recommendations for the increasing deaths from falls among older adults aged 65 and above, and these include introducing screening for fall risk and addressing risk factors such as gait problems and polypharmacy (the intake of more than five medications at a time.).

Solutions that target multiple risk factors are the key to effectively reducing the mortality rate from fall accidents. Healthcare providers should also conduct annual wellness visits to monitor older people’s medical records, educate them on prevention strategies, and help select the right interventions.

Study #2 – Falls Among the Elderly in Riyadh

Another study conducted in Qatar among 357 participants aged 65 and above suggested a prevalence of falls among older people. The study also aimed to understand the impact of health conditions and environments on falls among the elderly in Riyadh.

In Qatar, more than one in every three older adults suffered from falls in the year 2008. Around 45% of these suffered from a fall once, while the remaining experienced recurrent falls.

The study in Riyadh consisted of a 47% male sample and 46.5% of the participants were older than 70. The sample should give a fair representation of fall accidents among males and females in Riyadh and their connection between health and environmental conditions. Let’s look at the study results to determine if there is any correlation between falls and older people and whether certain factors affect the number of fall accidents annually.

Findings from the Study

The Risk of Fall Increases with Age

The study reported that age strongly correlated with fall accidents among older people in the country.

Only 34% of the study participants (aged 60 to 69) suffered a fall accident. The percentage increased significantly as the age increased: 49% of the participants aged 70 to 79 and 65.5% aged 80 to 89 reported a fall accident. Among the participants aged 90 and above, 63% reported a fall accident.

The study also explored the risk of falling among older people, and the findings suggested that it also increased with advancing age. Participants aged 60 to 69, 70 to 79, 80 to 89, and 90 and above had a 67.9%, 81%, 93%, and 100% risk of suffering a fall, respectively.

Gait and Fall Injuries

A gait is a limb pattern movement or stride during locomotion. The study explores the incidence of falls among the elderly, depending on health conditions such as gait.

The study’s data revealed that 44% of the elderly participants had a history of falls with a normal gait. The incidence of falls significantly increases as gait conditions start to deteriorate with old age. The findings report that 71% of the participants had a history of falls with a weak gait, while approximately 83% had fall incidences with an impaired rate.

From the information above, one can conclude that as the severity of the gait increases, so does the incidence of falls among older people. A study conducted in Brazil on the determinants of falls in community-dwelling elderly found similar results. The same survey also showed a history of falls among 72.5% of the older adults using walkers and 85.7% of the older adults with intravenous connections.

Incidence of Falls and Other Factors

Besides the correlation between gait and falls, the study also explored the incidence among the elderly and other factors such as age, lack of voluntary control, vision, problems associated with movement, prescription medication, mental health, and hazardous environment.

The study’s findings reported a significant correlation between all the factors mentioned above, except vision and the incidence of falls. However, the data suggested that there was no correlation between mental health and the occurrence of falls. According to the data, there was a strong correlation between environmental hazards and the occurrence of falls, suggesting an increased risk of falls in hazardous environments.

Similar findings were also reported in a study conducted in India to assess the prevalence of falls among the urban elderly population. It reported that 81% of the older population experienced a fall when exposed to hazards.

A study in Korea on health-related factors among home fallers in older Korean women also reported similar findings. It stated that some hazards, such as poor lighting, slippery floors, and door sills, caused falls and that 75% of the older women diagnosed with three diseases or more had a history of falls.

In 2014, a study conducted in Canada determined the relationship between chronic diseases and falls among 65 and older, and similar results were obtained. The study reported that the risk of falls was significantly higher in the elderly with multiple chronic illnesses than in those with none. Chronic conditions include diabetes, cancer, asthma, heart disease, and arthritis, among many others.

These findings were further supported by a 2014 study in India, which found a correlation between falls and other risk factors. Approximately 74% of older people with incontinence or lack of urine or bowel control in the study had a history of falls due to obstacles in the way late at night when they needed to use the bathroom frequently. 61.6% of the elderly participants reported a fall due to visual problems from old age.

In 2013, a study conducted in Japan investigated the correlation between multiple medications and falls among the elderly. The findings reported that approximately 70% of the participants taking more than five medications a day reported a history of falls.

Limitations of the Study

Although the study highlights falls as a common occurrence among older people in Riyadh, some study limitations require further investigation. The sample demographic was from different parts of Riyadh, and there were discrepancies in the number of participants from various regions.

Another limitation of the study was the environmental factors mentioned that could possibly cause falls in Riyadh. These factors require further studies to determine the correlation between hazards or ecological factors and the elderly population.

In conclusion, the study highlights the prevalence of falls among older people and the increasing risk of falls with age. It also reports the strong connection between the elderly population’s health status and the risk of falls. A health awareness program that educates the elderly on the possible dangers of fall accidents and promotes prevention strategies to help them cope with their advancing age is needed.

Study #3 – Mortality Trends of Falls Among the Elderly in China

An analysis conducted in China from 2013 to 2020 explored the mortality trends of falls among the elderly in China, especially the factors surrounding fall deaths. The mortality data used for the study came from the Chinese CDC (Centers for Disease Control and Prevention) and covered around 324 million people, or 24.3% of the population at the time.

Findings from the Study

Increasing Trend of Falls Death Among Older Adults

Previous studies have shown an increasing trend in fall mortality rates in developed countries. A study in the USA that explored the prevalence of falls among older adults from 2004 to 2007 and another study conducted in the Netherlands between 2000 and 2016 explored the correlation between fall deaths and people aged 80 years and above; all reported an increase in fall mortality rates.

Analysis conducted on the data obtained from the Chinese CDC suggested similar patterns. In 2013, the mortality rates per 100,000 population across the 60 to 64, 65 to 69, 70 to 74, and 75 to 79 age groups were 11.49, 15.5, 21.7, and 45.3, respectively. The results showed an increase in fall mortality with advancing age.

However, the 2020 results suggest a different analysis. In 2020, the mortality rates per 100,000 population across 60 to 64, 65 to 69, 70 to 74, and 75 to 79 age groups were 12.4, 17.9, 30.2, and 62, an increase of 8%, 15.5%, 39%, and 37% over eight years, respectively. The findings report an increasing trend of fall mortality in China over the last eight years among the elderly population.

The reason for the country’s increasing fall mortality rates is that many older adults are living much longer. Although an increase in life expectancy is a great feat, it also means that there is an increased risk of fall injuries among the elderly.

Higher Mortality Rates Among Men

The study indicated that more men were at risk of fall deaths than women in the country. The reason provided to support this trend was that men have higher overall levels of outdoor activity, which did not go well with rapidly declining leg muscles due to aging, thus resulting in more severe types of fall injuries than women in China.

This is not the only study that explores the higher mortality rates and sex differences and reports similar findings. One study analyzed data from 1996 to 2012 and concluded that men were more likely to experience a traumatic brain injury in a car accident where they were behind the wheel. Another study found that men were more susceptible to head and chest injuries from falls, while women were more likely to have extremity injuries.

The reason for such differences between death rates and sex differences was primarily attributed to smoking-related diseases such as hypertension, stroke, and other heart-related diseases. In such studies, these risk factors correlated with the prevalence of falls. Older men with these diseases were at a heightened risk of life-threatening falls during fall events.

Higher Mortality Rates and Age

Many studies have found that older people are more likely to die from falls, and this mortality trends study confirms this. As people age, they become frail and lose muscle and bone density, making it difficult for them to survive a fall.

Fall mortality rates among age groups 70 to 74 and those over the age of 80 show an increasing trend, suggesting the need for more attention towards the elderly population. Strength and balance training in old age can help improve movement and reduce the risk of fatal and non-fatal fall injuries.

Specific exercises about high-velocity movements could improve muscle strength, which aids in better balance and a higher chance of surviving a fall accident. A controlled trial of senior adults over 70 practicing Tai Chi showed that the training effectively improved balance and reduced the number of falls.

Higher Mortality Rates and Geographic Factors

The study also reported geographical disparities in mortality rates among the elderly across China. Those residing in the southeast and central parts of China had significantly higher mortality rates than those in the northeast. Possible explanations for this include severe weather conditions, such as typhoons and heavy rainstorms in the southeast and central provinces of China, which increase fall accidents.

Another reason there is such a stark difference between the mortality rates of the Southeast and the Northeast is that the Southeast has a much warmer climate. Previous research has found that colder climates lower physical activity levels among older adults. A warmer climate encourages older adults to leave their homes, increasing activity frequency, which results in a higher risk of fall accidents.

Limitations of the Study

This study on mortality fall trends among older adults in China has some limitations. It does not explore other parameters, such as analyzing non-fatal falls, which may directly impact fall-related death trends. Limited data is available at the Disease Surveillance Points System, which doesn’t collect detailed information on factors for falls among older adults.

There is also a severe concern about misclassification of deaths or errors in re-coding deaths. We have already discussed the coding issues with the previous study conducted in the United States. Because of a similar concern here, fall mortality rates in the country could easily be overestimated or underestimated.

The mortality rates of Tibet and Hainan province may be underestimated because of the primary staff’s lack of responsibility and the lower quality of data reporting.

Besides these limitations, the study produced valuable findings crucial for effective nationwide policy development in healthcare institutions. Overall, fall-related mortality in China among older adults aged 60 and above consistently increases.

The study’s findings indicate the need to increase interventions and social support for groups most at risk. Local public health agencies must also increase their efforts to improve, promote, and implement effective interventions. They should focus on developing standards across different provinces according to the province’s characteristics to help reduce the region’s fall mortality rates and the burden on society from higher death counts from falls.

Study #4 – Fall-related Injuries and Deaths Among the Elderly Population in Finland

A 1999 study in Finland explored fall-related injuries and deaths among the elderly population from 1970 to 1995. Participants included all those admitted to the hospital over the age of 50 for the first fall injury treatment. The data was then compared to the same elderly patients for all fall-induced deaths.

Results – Fall-Induced Injuries

Older people with fall-induced injuries increased by 284% from 5,622 in 1970 to 21,574 in 1995. The breakdown of these figures suggests that older women are more prone to fall-induced injuries than older men, as the number of women with fall-induced injuries increased from 3,659 in 1970 to 14,764 in 1995.

There was an increase of 12.1% in fall-induced injuries in women and a 9.9% increase in men. Although the older Finnish population, aged 50 and above, increased by 36%, a significant increase of 183% in the number of fall-related injuries per 100,000 people, from 494 in 1970 to 1,398 in 1995. A detailed examination of the incidence curves suggested a slight decrease in fall-related injuries from 1970 to 1977, which steadily increased.

Results – Fall-Induced Deaths

The number of deaths from falls among the elderly increased by 80%, from 441 in 1970 to 793 in 1995. When categorized by gender, the number of deaths from falls increased in women by 58% and in men by 117%, with average annual percentage increases of around 2.4% and 4.9%, respectively.

The incidence curves for both genders also increased, but there was no clear trend after age adjustment. For women, the age-adjusted incidence curve for fall-related deaths decreased from 1971 to 1975 and remained stable. The age-adjusted incidence curve showed a slight increase for men from 1971 to 1995.

Findings from the Study

No Significant Increase in the Age-adjusted Incidence of Fatal Falls

The findings regarding fall-related injuries among the elderly Finnish population are undoubtedly concerning. First, fall incidences among the elderly in the country are increasing, and at the same time, the population is also showing an increasing trend. Second, the study also shows that the mean age for fall-related injuries has substantially increased, which means that it may be more challenging to treat the elderly in case they sustain any injuries.

Age-adjusted fall injuries are increasing, but there is no precise reason for this. Many experts believe this is due to reduced bone density as people age.

However, it’s reassuring that the age-adjusted incidence of fatal falls did not show a clear increasing trend. This was due to improving healthcare and treatments and world-class rehabilitation.

The Prevalence of Falls is Evident in Adults 80 Years or Older

The study reports increased falls among older adults aged 80 and above. The country’s improved healthcare system and standard of living have led to a rise in the survival rates of the older population.

However, as the country’s population ages, there is a clear risk of falls and injuries. The study provides several explanations, such as pre-existing medical problems, poor neuromuscular function, reduced mobility, and the use of medications or substances that could increase the risk of falls.

The risk of falling Increases for older adults in young age groups.

The study reports an increased risk of falling among older adults aged between 65 and 75 years. In Finland, people have improved average health, resulting in an older population partaking in more activities, which could be why there is an increased risk of falling among this age group. The older adults in this younger age group are also consuming more alcohol than the ones in older age groups, resulting in increased fall risk.

Limitations of the Study

Although the incidence of falls among older adults in Finland has developed linearly, this study needs to explore a point of consideration.

Since the study was conducted in 1999, it was estimated that the incidence of falls would increase to 36,000 in 2010. However, this does not take into consideration the most prominent Finnish population group that will not reach the mean age of the participants in the study. Therefore, the estimations are not correct. If the current largest Finnish population group is considered, a massive fall spike will occur by 2030.

In conclusion, the study recommends vigorous preventive measures to reduce the incidence of falls in the country and the burden on healthcare providers and society of age-related fall injuries. There is strong evidence that balance and strength training can help reduce these injuries, while simultaneous assessment and reducing situational risk factors can further minimize the risk of falling.

Preventing Falls in Older Adults

The World Health Organization suggests a range of interventions to prevent falls in older adults, and these include:

  • Gait and balance training
  • Practicing Tai Chi daily
  • Modifying homes according to older adult needs
  • Reducing the intake of psychotropic drugs
  • Intake of Vitamin D supplements to support bone strength.

You could implement other interventions, but there aren’t enough studies to prove that these effectively reduce the fall risk in older adults. Some examples include fencing access to dangerous areas, neighborhood pavements, a functional healthcare system, and safe scaffolding.

The U.S. Department of Health and Human Services has also provided a few tips for older people to follow to prevent falls or fall-related fractures, and these are:

  • Staying active: Exercise remains integral to life, improving muscles and increasing strength. Exercise can make a person’s bones flexible and slow down bone loss from osteoporosis.
  • Get your vision and hearing tested: Changes in vision and hearing can increase the risk of falling, so it is crucial to check them. Once you’ve got your vision and hearing checked, make sure to wear your glasses and hearing aid at all times.
  • Learn more about your medication: In old age, a doctor may prescribe several medicines to cope with various ailments, which can affect a person’s balance, causing them to fall and sustain injuries. If the medicine makes you sleepy or tired, speak to your doctor.
  • Reduce alcohol consumption: Drinking moderately can be a great and fun social activity, but drinking in old age can affect your balance and reflexes more than you think. Many studies report a strong correlation between hip fractures and alcohol consumption. Hence, you may not have the alcohol tolerance you used to have back in the day, so it is essential to reduce your alcohol consumption.
  • Please exercise caution when walking on icy surfaces. During winter, ice can accumulate on your home’s driveway, making it slippery. Whether you go out to check the post or sit in your car, take each step carefully, as you could risk slipping and causing injuries. Also, pour salt and sand on your front and back doors to reduce ice.
  • Keep your doctor informed: Your doctor is your best caretaker when adjusting medication or diagnosing medical problems. Even if you’re not hurt, tell your doctor about your fall incidents since the last checkup so that they can assess if the medications are causing any problems with balance, if there are any vision changes, and so on.
  • Keep your bones strong: Falls are common in old age, but you can reduce the incidence of fall-related injuries such as broken bones or hip fractures by ensuring your bones are strong. If you’re not getting enough calcium and vitamin D in your daily diet, take calcium and vitamin D supplements. Also, quit smoking, as it can decrease bone mass.
  • Have a balanced diet: Eating well can keep our bodies in shape and provide enough weight to sustain impacts from falls. If you’re underweight, you increase the risk of bone loss, which can result in broken bones during a fall accident.

Summary: Risk Factors and Causes

We’ve reviewed four studies exploring the prevalence of falls among older adults in the United States, China, Finland, and Riyadh. In addition to these four studies, many materials and resources are available to study the risk of falls among the elderly. Let’s combine and summarize some of the risk factors and causes of falls in older people aged 65 and above.

All the studies suggest that most fall in the older population are multifactorial, meaning many factors simultaneously contribute to the fall. However, what remains limited is our knowledge of how these risk factors work together to produce the fall.

Intrinsic Risk Factors

Visual input and proper limb movements are essential in maintaining balance and the center of gravity, but advancing age can compromise these sensory pathways. Postural disturbances can cause falls, and the slowing of postural reflexes due to age forces the body to exert more muscular force to combat these postural disturbances.

The studies report that visual impairment, reduced lower extremity strength, and reduced grip are all associated with falling risk. Arthritis in the lower body negatively affects a human’s gait and causes balance problems that can lead to fall accidents. However, further studies need to be conducted to understand the correlation between sensory issues and falls.

Medications such as psychotropic, antiparkinsonian, and other related medicines can also result in falls in older adults if they are inappropriately dosed since these types of medications can negatively impact alertness and psychomotor functions, which in turn causes dizziness and fatigue. The studies conducted show a strong correlation between hypnotic-anxiolytic drugs and falls. Some studies point out polypharmacy as an issue for the increased risk of falls. However, there needs to be further investigation into the synergy between different drugs and postural instability.

Not many studies have found an association between chronic medical conditions and falls, but this remains uncertain as some studies demonstrate a clear correlation. Perhaps further investigation is needed into how chronic medical conditions might play their role as risk factors for falls.

Extrinsic Risk Factors

Studies also show a clear connection between the risk of falls and healthy older adults, but combining these with intrinsic risk factors can further increase the risk of falls. For example, minor environmental hazards might not be a problem for a healthy individual, but they can become significant obstacles for someone with gait impairment or mobility issues. Some physical tasks beyond an individual’s competence can result in a fall.

Extrinsic risk factors play a considerable role in the risk of falls in active older adults, as these individuals partake in risk-taking activities such as ladder climbing, running, and more. On the other hand, falls in older adults who are not as healthy are usually due to routine maneuvers carried out in the comforts of their own homes.

Another critical factor that causes falls in older adults is behavioral and cognitive factors that affect an individual’s ability to perceive their capabilities, environmental conditions, and task demands.

Researchers suggest modifying the daily activities of the older generation to make it much easier for them to carry out tasks and minimize the risks of accidents. However, it is essential to maintain a balance between reducing risk and minimizing one’s quality of life. Although some measures can help reduce risks considerably, they can often restrict an individual, leading to depression, physical deconditioning, and other cognitive problems in the long run.

Environmental Factors

One-third of the older adults with a history of falls have pointed out environmental factors as the leading cause of their fall accidents. These factors may include inadequate lighting, slippery floors, non-skid surfaces in the bathroom, poor stair designs, and others. However, only a few studies explored the environmental factors at home and their impact on falls in the older generation. The findings of these studies were inconclusive.

Intrinsic and other situational risks play a part in environmental factors causing falls. An older person with a bad posture and inadequate lighting can lead to a fall. Researchers believe familiarity with one’s environment can help reduce the risk of falls, but there is a need to understand the factors that affect this environmental familiarity.

Determinants of Injury

The severity of a fall injury depends on several factors, such as tissue elasticity, bone strength, and body organ tolerance. Since there is an apparent decline in muscle tissue and bone density among older adults, they are more prone to severe injuries than healthy middle-aged individuals. As bone density declines after age 50, the risk of broken bones, hip fractures, and other damage to other body sites increases.

Other factors affect the severity of a fall, including its orientation and speed.

The outcome of a fall is far more severe in older people than in younger adults due to impaired tissue regeneration ability and inadequate immunologic function. Although these factors are important in aiding functional recovery, our understanding of them remains poor. There is also not much information on the factors influencing fear and anxiety after a fall.

It is essential to keep your doctor in the loop regarding any deterioration after a fall or regarding your health to ensure timely changes in medicine and intervention recommendations. If you want to retain a trusted slip and fall attorney, contact us at + (213) 596-9642 or info@ehlinelaw.com.

Can Doctor Thrown off United Flight Sue?

Doctor Thrown off United Flight – Can He Sue?

Doctor Thrown Off United Airlines Wins Big Money

United Likely Violated Passenger’s Rights?

Ultimate Guide to Understanding Why the Doctor Didn’t Need to Sue

He Settled His Case Confidentially

Yes. He can and did apparently file a lawsuit confidentially. Let’s discuss. On Monday, April 9, 2010, a doctor with a strong Asian accent refused to give up the seat he paid for in advance on an unfull flight.

Based on the reported settlement of around $140 Million, United was likely in the wrong here.

The media was abuzz over the horrific mistreatment of a doctor on a United Airlines flight. CNN reported on and fueled the rising backlash against the Airline after an Asian man was accosted and beaten for disobeying the state’s representative, Officer Long (acting on behalf of United Airlines.) And the public outcry was swift after the media got hold of the video.

Handicapped loading gate at LAX

For example, a police officer was immediately placed on leave and ultimately fired (discussed below.). Many civil rights lawyers consider United a State Actor under civil rights law, for using cops to violate passengers’ rights. United’s CEO faced severe criticism and quivered before the press after losing profits.

Watch the Gruesome Video of a United Passenger Removed from Flight

Watch the video below to see the situation unfold on the flight as State Edict Enforcer, James Long, Beats the Hell out of a U.S. Citizen:

 

Passengers were horrified watching the situation. While airlines bumped 46,000 in 2015 alone, the practice is under heavy criticism. Also, the company’s CEO has already issued an apology. Consequently, Dr. David Dao was on his way to completing his duties as a physician.

 

The news video proved that 69-year-old Dr. David Dao was forcibly removed from the flight under duress by these violent state servants, including plain-clothed Chicago police officer James Long.

However, the United staff and police had other ideas, as follows:

  • At least one passenger believed United Airlines personnel targeted Dr. Dao because of his Chinese descent (strange accent, differing cultural beliefs, etc.)
  • Police and United crew carried the bloodied doctor off the plane in now-infamous cell phone footage.
  • The Airline bumped the doctor to make room for another staff member.

The situation on Flight 3411 unfolded quickly. Dr. Dao initially agreed to the idea of being bumped. However, they changed their minds once they learned the next flight wasn’t until 2:30 Monday. While being forcibly removed from the plane, his head hit an armrest.

Blood flowed out of his mouth, and the king’s men partially disrobed him. Our Los Angeles aviation accident lawyer has provided support in the form of public outrage.

Communist China and Dao’s Family Outraged

The family’s attorney spoke out on the case and appreciated the outpouring of public support. The New York Times reported that the story is also causing a furor in China. This arrest damages the company’s reputation in an emerging market.

Many United passengers chopped up their credit cards while others dumped their stocks. United’s profile looked very poor, especially under the circumstances.

Are Progressive Politicians Manipulating the Press to Blame White Officers For Enforcing their Draconian Laws?

Being caught on a smartphone can mean the difference between trial lawyers and the press profiting or the victims being jailed nowadays. Politicians who pass the laws and demand cops use force to “enforce” need a scapegoat to maintain their hold on power. Blaming systemic racism is a great way to deflect and provide a semblance of public trust with the less informed public.

Many retiring police officers complain that cops who enforce the will of politicians will be instantly accused of racism if the defendants are of the wrong skin color and the officer is white and/or poorly trained.

At least, that seems to be what Long suggests in his lawsuit against United Airlines, Chicago Aviation Commissioner Ginger Evans, and the City of Chicago.

Long: 

“is seeking action because he feels he was doing his duty when Dr. Dao was escorted off the plane. He was not in the wrong. But if he did something wrong, the City of Chicago failed to train him properly.” (Source, Inc.Com.)

Here, Long decried “improper training.” The City and Chauvin initially made similar arguments about officer Chauvin in the George Floyd case.

Here, Long did not face allegations of racism and billions in property damage from riots. So he can sue and try to seek justice, despite knocking a man’s teeth out. Good luck with that, officer Long.

Floyd, Chauvin, and United Airlines

Readers will recall that Minessota police officer Chauvin was accused of being racist after he, a fellow black police officer and Asian policeman, arrested George Floyd, a known, violent felon. At the same time, Floyd was high on drugs, getting ready to drive into heavy traffic after being caught on video trying to buy items at a liquor store with counterfeit U.S. currency. The other officers rejected their plea deals and were sentenced to  3 years and 3.5 years in federal prison.

Chauvin violated Floyd’s human rights by keeping his shoe pressed down on Floyd’s neck. After that debacle, mass riots over racism were fueled by for-profit media outlets, and billions in property damage and murder were caused by alleged BLM supporters (mainly white people) over “racism.” Ultimately, the estranged family settled their wrongful death lawsuit for a historic monetary amount of $27 Million.

Kyle Rittenhouse Relationship

Our readers will recall that a young man was beaten with a skateboard and shot at by BLM / ANTIFA supporters. He was falsely arrested and jailed for murder after defending his life with a firearm after several convicted felons, including a child molester, continued chasing,striking him with heavy skateboard trucks in the back of the head and shooting at least one bullet at him. These criminals were trying to kill him. Rittenhouse was acquitted after what many experts called a sham political show trial. Rittenhouse claims he will be suing for-profit media, including Whoopie Goldberg, for what could amount to billions in defamation of character damages.

Press Helped Kill United Profits and Simultaneously Received United Ad Spend?

The Airline’s market value fell to $1 billion over the bad press, prompting United to spend more ad money on the same media outlets providing the story in a negative light against United. Also, the Chicago Department of Aviation said its standard operating procedure was not correctly used to handle the incident.

Because of this, the officer involved was placed on administrative leave and ultimately fired. But many, including the disgraced officer Long, believe lawmakers are liable, not the cops who cause these human rights violations.

Police Have No General Duty To Protect People

There is zero constitutional duty for the police to protect people. Generally, you cannot sue the police for refusing to defend you. Most cops went to public school and have been trained since youth to obey the state and never question elected officials’ edicts. But an investigation will follow, and what many experts call political courts in a single-party state like California or New York have historically blamed the police officer as a scapegoat. However, many believe that United’s plans to hold an inquiry were too little too late and a cowardly effort to place the blame on public servants they used to enforce their INTERNAL edicts.

FAA Opened Door to Suit in Light of Bad Press?

Many experts believe the head of the FAA would never risk their career by going after the victim here. The FAA refused to pursue the Asian man, which opened the door to a suit. Let’s look at their statement.

“We generally pursue enforcement action when a carrier exhibits a pattern or practice of noncompliance with the department’s consumer protection regulations and federal anti-discrimination statutes that we enforce. Therefore, we conclude that enforcement action is not warranted in this matter.”

The Doctor Got At Least $140 Million?

The doctor apparently sued for and reached a confidential settlement with United Airlines for no less than $140 million for his concussion, injured reputation, broken nose, and knocked-out teeth.

Previous reports say that United Airlines reached a confidential settlement with Dao to the tune of $140 million for the injuries he suffered, including a broken nose, a concussion, and broken teeth.” (Inc.Com.)

Because this was a private matter, he challenged the Airline directly. Also, the flight was not overbooked. The Airline claims the seat the victim paid for was supposed to be used by another United crew member. But most people disagree with this royalist reasoning supported by the state and its constant attempts to decry racism when its personnel enforces its Draconian law.

After all, the doctor paid for his reserved seat. Under contract law, this was a bargained-for exchange. Hence, the intention of the chair was for use by him alone! This breach of contract turned into an unlawful assault, pure and simple. And the Airline is a public state actor under U.S. v. Price civil rights precedent. So Dr. Dao also has a solid case against the law enforcement officers that caused him involuntary bodily harm.

This case became a civil matter between Dr. Dao, his family, and individual officers of the Chicago police department. He sued over the breach of his fundamental right to travel and other matters. Hopefully, his legal actions will resolve the underlying problems of United’s treatment of passengers.

But until the “educated” state and their state-subsidized “academics” support common people over corporations and then try and blame their law enforcers over racism with the help of the press, it’s doubtful this will change.

As Malcolm X said:

 “The media’s the most powerful entity on earth. They have the power to make the innocent and the guilty innocent.”

However, Smartphones have increased the spotlight on these policies and how they affect the average person. Hopefully, people will wake up before it becomes too much like the 1970s T.V. series Logan’s Run.

What Happens If You Have a Similar Problem?

We here at the Ehline Law Firm, Personal Injury Attorneys, APLC, will watch the case and update our readers on more excuses by public officials unfolding in the subsequent for-profit media-created controversy fueled by filming police with smartphone video. As the fallout grows, plenty more to discuss will come up in the coming weeks and months.

In the meantime, if you have been in an aviation accident, accosted by LAX airport police, or a similar incident, our personal injury attorneys can help you obtain maximum compensation. We are available 24/7 at (213) 596-9642. Call us or feel free to use our convenient online contact form for prompt return contact and free consultation from an award-winning legal representative.

A Guide to Choosing a Safe Nursing Home

I am a top Los Angeles elder abuse lawyer, Michael Ehline. I have vast experience getting clients superior results in civil claims matters. Below, I will talk about and share some secrets with families distraught and devastated after being harmed in an elderly or nursing home. I will also share how best to select a nursing care facility for your loved one.

Nursing homes are long-term care and living facilities for the elderly and disabled. Often, these people are your parents. And they can be provided care by a trained and experienced care facility staff member. This care is an option for the older individual.

A resident who cannot live alone any longer often requires assistance with daily care. Over 1.6 million Americans currently live in nursing homes and assisted living facilities, which number more than 16,000 in the United States. Some have as few as 30 residents, while others have hundreds.


Selecting a Nursing Home—the Guidelines

When faced with placing a loved one in a nursing home, there are some guidelines that, while simple, may prevent putting them in a long-term care facility where there is the possibility of nursing home abuse in Long Beach, California.

  • The first step is to visit several nursing homes.
  • Pay close attention to the residents; do they have a clean appearance?

Are their clothes clean and neat? Furthermore, are they active, talking and moving about, or are they in their rooms in bed? Are there enough nursing home employees to see the resident’s needs and provide adequate care, or do they lack nursing home staff?

  • Is the nursing home within your budget?

The other steps to take and things to look for should include the following:

  • Do the residents seem drowsy from possible sedation?
  • Look into how homes keep residents physically restrained and why. Does it seem like a valid reason?
  • Check the type of care the nursing home will provide for your loved one.
  • Ensure your loved one will receive the kind of care that they require.
  • Investigate if there have been any complaints reported to the police or the health department about the care of residents or nursing home abuse at any of the nursing homes you are considering.

Taking these steps and other precautions when selecting a place for your loved one can help ensure they will be a nursing home resident where they receive the proper care. The idea is that they are not subjected to nursing home abuse of any form.


Nursing Home Neglect

In Long Beach, California, nursing home neglect involves caregivers not providing the proper care of the elderly residents in the facility or failing to protect them from harm. Caregivers are charged with providing care so that the resident does not harm themselves.

Because due to diminished mental capacity or physical limitations, they can get injured by another nursing home resident, for example. Nursing home residents may suffer bodily harm, mental abuse, or sexual assault by a staff member. Also, they can become financially exploited.


Hygiene and Nursing Home Attendants

Personal hygiene is essential for nursing home residents and plays a role in preventing nursing home abuse. In Long Beach, California, the Centers for Medicare and Medicaid set guidelines and procedures outlining good hygiene practices for nursing home attendants and staff.

In cases where these guidelines for good hygiene are ignored, it is usually due to carelessness or laziness. Lack of cleanliness for nursing home residents puts them at risk for health issues and elderly abuse since they depend on the attendants.


Hygienic Practices

In a California nursing home, hand hygiene and other hygienic practices are essential for the residents and the staff. Many of these nursing homes have been cited due to complaints about their sanitary practices to the Health Department.

When health inspectors investigated these complaints, they found inadequate staffing, which contributed to the charges. Another issue is that the homes do not follow sanitary standards.


Nursing Home Abuse Resolution

If you can still not mitigate the potential of an inadequate care provider for those on their last leg, it is time for step two. Step number two, when nursing home abuse or neglect has affected a loved one, it is time to call Ehline Law Firm. These California advocates should be consulted to protect your family member’s rights.