Monday, September 22, 2014

Adrian Peterson Legal Troubles Trigger Punishment v. Discipline Debate? ~by Legal Pub

Perhaps it would help to get one's story straight before jumping on or off the "throw the book at Adrian Peterson bandwagon."  Minnesota Vikings running back Adrian Peterson was placed on the exempt/commissioner's permission list which prevents him from playing or participating in any Viking activities.  The reason Peterson is blacklisted is because he was indicted for reckless or negligent injury to a child.  Specifically, Peterson disciplined his 4-year-old son with a "switch" in May.  The switch apparently left a number of bruises and small lacerations.
To explain the black listing roller coaster, it is best to look at the history.  The Vikings deactivated Peterson for Week 2.  Then for some reason, the Vikings reinstated him on Monday in order for Peterson to play Week 3 against the Saints. However, in the early morning hours Wednesday, the Vikings reversed their field and put Peterson on the exempt list.  These sudden change of direction by the Vikings are perhaps even more evasive then their star running back's moves on the field. The madness may not end until Peterson can sort out his legal troubles.  So how did it all get to this point?  Let's look at the history of this matter for direction.
May 18: Peterson allegedly disciplined his son after the boy pushed another one of Peterson's sons off of a motorbike video game. Unfortunately, the discipline took the form of a thin branch or rod referred to as a "switch." The so called discipline allegedly resulted in bruises and lacerations on the boy's back, legs, arms and buttocks. When the boy returned to mom, doctors examined the bruises and apparently found them to be consistent with child abuse.
Aug. 21: Peterson appeared in Montgomery County, Texas in front of a Grand Jury.
Sept. 4: The grand jury decided not to indict Peterson, apparently because it was his intent to discipline but not hurt the child. 
Sept. 11: Peterson missed  Viking practice which is labelled by the head coach as a veteran day off. 
Sept. 12, 4:36 p.m. EST: Peterson is indicted for reckless or negligent injury to a child in Montgomery County. (Apparently this charge does not require intent to harm.)
Sept. 12, 5:04 p.m.: Vikings announce that Peterson will not play in week 2 against the Patriots and that he is deactivated until further notice.  
Sept. 13, 2:15 a.m.: Peterson surrenders to Montgomery, County police. Peterson is released on fifteen thousand dollars bond.  
Sunday, Sept. 14:  Vikings play without Peterson.
Sept. 15, 1:54 p.m.: Peterson makes a public statement about the accusations. 
Sept. 15, 2:46 p.m.: Vikings reinstate Peterson based on Peterson's statement that it was not abuse it was disciplining a child.  
Sept. 15, 7:30 p.m.:  Peterson's history of a prior incident possibly involving abuse hits the press.  (Peterson was not charged in the incident.  The 4-year-old hit his forehead on a car seat while being disciplined.)
Sept. 15, 8:12 p.m.: Radisson suspends its limited sponsorship of the Vikings.
Sept. 16: Mark DaytonMinnesota governor, says Peterson is innocent until proven guilty. But he also called Peterson's actions "a public embarrassment.  Governor Mark Dayton went on to say that Adrian Peterson should have been suspended by the team over the recent allegations of abuse.     
Sept. 16: Anheuser-Busch expresses concern over  Peterson's legal trouble.
Sept. 17, 2:00 a.m.:  Peterson is placed on exempt/commissioner's permission list.  
Sept. 17, noon: Vikings owners address the media. By 12:15 pm, Nike and Castrol suspend their sponsorship of Adrian Peterson.
Sept. 19, 4:15 p.m.: A petition for protective order barring Peterson from having any unsupervised contact with his four-year-old son is filed in court.
Sept. 21: Pro Football Talk reports that Adrian Peterson will request an expedited trial in an attempt to salvage some of the 2014 season.
So when does discipline become punishment? Punishment is an intervention that uses a penalty for a child’s offense. Too often the punishment comes as a result from a parent’s feelings of frustration and desperation. It is often a desperate attempt for a parent to maintain control.  It is trying to prove to the child that “I’m in charge."  There can be several problems with punishments. One problem is that children are not taught how to behave. For example, if a child hits his brother and then receives a spanking, he is not taught what to do the next time he feels angry with his brother. Punishment also sends the message that parents must manage a child's behavior and feelings because the child is not able to do it on his or her own. Punishment may lead children to grow up with a lack of ability to make good decisions because all their decisions have been made for them. When children receive a punishment, they often focus on anger directed at their parents instead of thinking about how they can learn from their mistake.

Discipline focuses on teaching children skills to manage their behaviors and deal with their feelings. Discipline focuses on training so that children can potentially learn from their mistakes.  The goal is to teach children better ways to solve their problems in the future. Discipline techniques include timeout to reflect on how to manage their frustration.  When given the option of negative consequences, choices make sense.  A child who does not eat all of his dinner, is not allowed to have desert.  If he wants desert the next night, he will choose to eat all of his food. Discipline may may also use praise and reward to reinforce good choices.  Discipline fosters a positive relationship between children and parents. 

So what does religion suggest?  Exodus 21:15  “Whoever strikes his father or his mother shall be put to death. "   Perhaps that will become Peterson's basis for a plea of leniency...

Monday, September 15, 2014

Extended Stay in Hospital May Make You Sick, Both Physically and Mentally ~by Legal Pub

We all know that extended stays in hospitals may be hazardous to your wallet; however, it may also be hazardous to your health. Recent studies suggest that staying in a hospital increases your risk of serious infection.  A University of Utah interpretation of a recent hospital study suggests that the risk of serious drug resistant infection increases 1% for each day a patient stays in a hospital.  The actual study was performed at the Medical University of South Carolina in Charleston by John Bosso.

In general, the risk of getting an infection while in hospital is about one in 20 according to Michael Schmidt PhD from the Medical University of South Carolina in Charleston.  Furthermore, the risk of dying from infection once acquired is also 5%.  (The overall risk of infection-related mortality is only .25% which is 1 in 400.)

Bloodstream infections, pneumonia and surgical site infections are all possible complications of extended hospital stay. Studies suggest there is a definite link between length of stay and the chance of getting a drug-resistant infection. The overall risk of a drug-resistant infection rose 1% a day.  The risk of bankruptcy also increases exponentially for each day stayed in the hospital.  Stay out of the belly of the beast.  Avoid extended stay in hospitals and keep your money in the bank.

Tuesday, September 9, 2014

Is A Small Jail Cell Appropriate Punishment For Ricky House Jr., If Convicted of Confining A Woman In A Cage? ~by Legal Pub

Kendra Tooley, Ricky Roy House Jr. 
Ricky House Jr. allegedly chloroformed an Indiana mother and held her captive for two months.  Allegedly, House forced her to wear a dog collar tethered to an "intricate restraint system." House also allegedly kept the woman in a wooden cage. The victim was allegedly beaten and raped. The kidnapping apparently took place on July 9, 2014 and continued until her rescue on September 4, 2014.  The 30-year-old victim from Evansville knew Ricky House Jr. before the ordeal according to Chief Deputy Tom Latham of the Posey County Sheriff's Office. House offered her a ride which resulted in the victim being missing for nearly two months. 
House shared a mobile home with his girlfriend Kendra Tooley in Stewartsville, Indiana.  House apparently  too the victim to his home and when she tried to leave he allegedly placed chloroform over her mouth and nose rendering the victim unconscious.  When the victim awoke, her clothes were allegedly cut off and she was bound to a bed.  
Throughout July and August the  victim was kept bound to the bed.  House and Tooley  allegedly treated her like a dog, forcing her to wear a collar with a rope or leash.  She was also allegedly confined to a  "locked wooden cage." 
The victim allegedly said that her captors were trying to "impregnate" her because Tooley was too old to have children of her own. Ronald Higgs, 61-years-old, ended up saving the victim.  At some point, Higgs was able to head butt House, and help the victim escape.
House, 37 is facing 14 counts of rape, kidnapping, criminal confinement and battery.  Tooley, 44, was charged with 10 counts of rape, kidnapping and criminal confinement. Both suspects were assigned public defenders and the court entered a preliminary not guilty plea for each.  The next scheduled court date is October 1, 2014.
As always, all suspects are innocent unless otherwise proven in a court of law.

Conservative Treatment A Preferred Method to Treat Back Pain? ~by Legal Pub

Dr. Patrick Roth, M.D. recently shared an article on back pain.  (See September 5, 2014 Bottom Line.)  Dr. Roth opines: "In any three-month period, 25% of adults will suffer at least one day of back pain. Over the course of a lifetime, about 85% of us will experience back pain at some point."
Despite being a spinal surgeon, Dr. Roth advocates conservative treatment such as exercise prior to considering pain medication or surgery. Dr. Roth advocates three basic exercises for the treatment and prevention of back pain:  1. Front Plank  2.  Side Plank and 3. Bird dog extension of arm and opposite leg.  Dr. Roth also advocates walking and/or jogging.  He opines that higher impact exercises end to stimulate bones to become more dense and the discs in the spine to become "fuller."
Consequently, Dr. Roth recommends such exercise as long as the patient does not experience hip or knee pain.

Dr. Patrick Roth, M.D., FACS, is the founder of the North Jersey Brain & Spine Center in Oradell, New Jersey, and the author of The End of Back Pain (HarperOne).

Wednesday, September 3, 2014

Carpal Tunnel Syndrome A Medical or Legal Issue? by Legal Pub

Numbness or pain in your wrist or fingers?  Perhaps you have carpal tunnel syndrome.  CTS can affect the hand and sometimes the whole lower arm and even the shoulder. But here is the clue for lawyers and potential plaintiffs:  Carpal tunnel syndorme (CTS) is not typically caused by a single trauma!  In the vast majority of the cases, CTS is the result of repetitive overuse of the wrist. So, think workers compensation rather than personal injury litigation and you likely will be on the right track in deciphering who is responsible for paying for treatment.
Symptoms of CTS may include: 
-Numbness or pain in the hand, forearm, or wrist that affects sleep. 
-Occasional tingling, numbness, "pins-and-needles" sensation, or pain. 
-Pain or numbness that gets worse while using the hand or wrist in a flexed (bent) position. 
-Occasional aching in the region between the elbow and wrist.
-Finger stiffness in the morning.
In more severe cases of CTS, numbness may result  in decreased grip strength and actual weakness of the fingers, thumb, or hand.  Symptoms increase when the muscles innervated by the median nerve our affected. Decreased strength in the thumb, index finger, middle finger and half of the ring finger are consistent with median nerve involvement. However, if there are complaints with the little finger, it is not the result of median nerve damage associated with  carpal tunnel syndrome (CTS).
CTS may occur in one or both hands.  Symptoms are first noted at night and are typically associated with sleep disturbance.  The condition is often first noticed at night when the patient complains of interrupted sleep.  However, an injury to muscles, ligaments and tendons should always be ruled out before concluding CTS is responsible for a patient.s symptoms.   Shaking or moving the fingers may ease this numbness and pain associated with CTS.  Ice and rest often relieves the symptoms in minor cases.  Ultimately, if the patient can not function with CTS, a surgical consult is appropriate.
Conclusion, is there ever really just one? If you develop CTS symptoms, try rest first. This may mean spending a bit less time typing on the computer, knitting, or woodworking.