Beck and Beck May 2019

May 2019

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The Deep, Dark Secret of Nursing Home Abuse and Neglect in Missouri And What You Can Do About It

Everyone has heard about the terrible things that can happen to elderly nursing home residents. Some residents suffer from bed sores that go all the way through their skin and muscle to the point where their bones are exposed. Others suffer multiple falls that result in broken bones or head injuries, which can lead to death. Those who are completely dependent upon nursing home employees to help them eat and drink simply don’t get the proper assistance and spend their days hungry and thirsty — often with no way to help themselves. Malnutrition and dehydration are common. Cries for help are often ignored for hours at a time. This is not an exaggeration; it is all true. Saddest of all is that many of these injuries can be easily prevented. Most nursing home neglect happens because of a monetary analysis where nursing home owners calculate the staffing level they need to reach a certain level of profitability rather than what is required to meet the needs of the residents. Most of the funding for nursing homes comes from tax dollars through Medicare and Medicaid. Far too many nursing homes game the system for their own profit. It is very complex, but it boils down to this; many nursing homes have figured out a way to make a significant profit off of virtually every resident, every single day without providing the level of care each resident requires. By holding the owners responsible for putting profits ahead of patient health, the Terry Law Firm hopes to stop other nursing home owners from taking the same path.

What can you do? If you have a loved one in a nursing home, be involved in their care. Remember, no one will care as much about your loved one as you, so don’t trust the nursing home staff when they tell you that they will care for them just like you would — it’s not true. Visit regularly and at different times. Don’t just accept what they tell you as fact, get proof. Politely but firmly insist on knowing what is happening to your family member. If you are looking for a nursing home for a loved one, start by going on a guided tour. Here are six tips to help when you visit a nursing home: 1. Pay attention to how the facility smells. Nursing homes that are short on staff usually do not smell good. 2. Look at whether the residents and the rooms are clean. Are the residents you see properly dressed in matching clothes? Has their hair been combed? Are they clean? If not, there are probably not enough staff members. And remember, poor hygiene breeds infection. potentially deadly issue for elderly nursing home residents, and cleanliness in the facility goes a long way to preventing some infections. Are the hand rails and floors sticky? Are the bedrails clean? Is there dried crust on the dining room tables? If so, do you really think they will keep your family member clean if they can’t even keep the facility clean? 3. Touch everything. Infection is a

5. Taste the food. Many nursing homes feed their residents on less than $5 per day, which makes it nearly impossible to provide appetizing, nutritious food. 6. Visit multiple times. Don’t let your guided tour be your last. You should make a second (and even third and fourth) unannounced visit to the facility. Walk the halls to see if anyone stops you. This will give you insight on the security level of the facility and you may also get a more realistic idea of their staffing levels if you arrive unannounced. My father was in a nursing home for several years. I understand the frustrations of people with loved ones in nursing homes. That is a key reason why I’ve spent the last 18 years pursuing justice for nursing home residents who suffer serious injuries or death as a result of unnecessary nursing home abuse or neglect. If you or a loved one has experienced nursing home neglect, we’re just a call away. Paul and I have worked on cases together in the past and would be happy to help. Please call Beck and Beck at (314) 961-5678 to discuss your loved one’s case today.

4. Listen and watch. Are staff members

answering call lights in a timely manner or are they ignoring call lights?

REFERRALS WELCOME Thank you for referring clients to us over the years. You will never be embarrassed by a referral to our office. We’re always available to lend a helping hand to anyone with any legal need. Just give us a call at (314) 961-5678 or visit us at: www.becklawmo.com .

-David W. Terry Terry Law Firm www.TerryLawOffice.com

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THE GOLDEN ERA OF ATHLETES ON SOCIAL MEDIA Out of the Dark and Onto the Web

It’s not an overstatement to say that social media has revolutionized the way we live our lives today. But with that massively powerful platform comes a massive responsibility, especially if you’re already in the spotlight. Athletes have taken the opportunity social media affords them to build their personal brands and engage in community outreach with the fans who look to them as role models, but there’s a downside to cataloging years of unfiltered thoughts on the internet. For better or worse, social media is here to stay, and we have full access to all the drama that unfolds for our entertainment. Despite the web’s potential for good, some pros can’t seem to get the message that every post falls under the scrutiny of their public. PR firms representing players have now made it a top priority to keep their clients’ images in line by scrubbing old posts that could be offensive and land them in hot water. Still, though, it seems like there’s a new controversy every week. One of the best examples comes courtesy of former football star “Johnny Football”Manziel. The former Heisman Trophy winner was notorious for posting embarrassing images of himself partying when he should have been practicing, and he often blasted his private issues in public, seemingly with no filter. He’s out of a job now, most recently having

been banned from the Canadian Football League. For every bad apple, though, there is a bushel of athletes who use their platform for the greater good. Houston Texans defensive end J.J. Watt, five-time Pro Bowler and NFL star, has used his social media “juice” to spread the word about his charity, raising over $4.6 million for youth athletic programs and organizations.

Philanthropy aside, part of the beauty of celebrity social media is that the people who seem so much larger than life become accessible because of it. In decades past, you might have written a letter that, if you were fortunate, got a response from some unpaid intern. Today, fans can reach out directly to their favorite athletes. It is a personal connection unparalleled in history. What a time to be alive.

Leaving a Legacy of Giving MAKING CHARITY A PART OF YOUR ESTATE PLAN

Your estate plan is far more than just a set of documents. It’s a declaration of what you find most important and a roadmap of the legacy you’d like to leave. Not only does a proper estate plan ensure that your loved ones will be taken care of when you’re gone, but it also allows you to make an impact on the wider world through charitable giving. Many avenues exist for making planned gifts to nonprofits, but here are some of the basics on how to make giving a part of your plan.

notify an organization about what you are planning to give. Smaller philanthropies may not accept complex assets, such as stocks or real estate. On the other hand, some charities may specialize in specific assets. For example, if your home is considered a historic site within your town, you may want to gift it to a preservation society so that it stays properly maintained.

DECIDE HOW TO GIVE

NAME A CHARITY IN YOURWILL

There are different ways to structure a charitable bequest, giving you the flexibility to make sure your estate planning goals are met. If you have a set sum of money or a particular asset you wish to leave to a charity, you can make a specific bequest in your will. However, if you want to ensure your loved one’s needs are met before giving a portion of your estate to charity, you can make what’s known as a residuary gift. With a residuary gift, once debts have been paid off and your other beneficiaries have received their bequests, a specified percentage of your remaining estate will go to a charity of your choice.

The most basic way to give to a charity is by naming it in your will. Simply name the charitable organization you wish to support among your beneficiaries, and specify the assets you wish to give. If estate or income taxes are a concern, ensure your chosen organization is a 501(c) (3) nonprofit. These are the charities the IRS deems tax-exempt.

MATCH THE ASSETS TO THE CHARITY Almost all charities will accept cash bequests, though

OTHER AVENUES

Depending on your income level and the kinds of assets in your estate, more complex means of making a planned gift may be available to you. Talk to your estate planner to see if creating a charitable trust or establishing a foundation is the right move for you.

it is always a good idea to

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TAKE A BREAK

How to Cultivate Valuable Customer Reviews THE GOOD KIND OF GOSSIP When you’re thinking about buying a new product or service, what’s the first step you take? If you turn to the world wide web in search of reviews, then you’re in good company. According to a survey conducted by BrightLocal, 85 percent of consumers regard the customer review to be the single most credible and trustworthy source of advertising. That same survey found that 68 percent of customers surveyed were willing to provide feedback for a company. So, how do you get your customers to write the glowing reviews that help close deals? Don’t rely on customers to go to your website to leave reviews. There are numerous websites you can utilize that make leaving feedback more convenient for your clients. What’s more is that these other platforms are highly trafficked. BrightLocal found that Facebook and Yelp were consumers’ most trusted source of user reviews in the U.S., but you can also use Google My Business or the Better Business Bureau. Most importantly, be sure you are active on all the platforms you use. DIVERSIFY YOUR PLATFORMS

SHRIMP SAUSAGE SKEWERS

Ingredients

OFFER INCENTIVES

CREOLE SEASONING

1/2 pound raw shrimp, peeled and deveined 1/2 pound cooked sausage, cut into 1-inch pieces

2 tablespoons paprika

Give your clients a reason to write reviews. Consider offering incentives like a discount or coupon code, coffee gift card, or an entry to win a contest for an even bigger prize.

1/2 tablespoon garlic powder

1/2 tablespoon onion powder

2 zucchini, cut into 1/2-inch cubes

1/2 tablespoon cayenne or chili powder

ASK THE RIGHT QUESTIONS

2 tablespoons extra-virgin olive oil

Wooden skewers, soaked in water for 30 minutes

Think of the review process as a conversation rather than a request to be met, and use open-ended questions to start. Before you even request a review, you can ask customers questions like “How was your recent experience with us?” or “How are you liking your product?”That way, you can gauge their satisfaction before they leave any feedback.

1/4 tablespoon dried oregano

1/4 tablespoon dried thyme

Directions

1. Heat your grill to medium-high. 2. In a bowl, combine all ingredients for creole seasoning. 3. In a large bowl, combine the shrimp, zucchini pieces, and sausage pieces, and cover them with the olive oil. 4. Add creole seasoning and mix well until all ingredients are covered. 5. Load up skewers with alternating pieces of shrimp, sausage, and zucchini until they’re full. 6. Grill skewers until shrimp are well-cooked (6–8 minutes). Inspired by Food Network

RESPOND, RESPOND, RESPOND

The last thing you want to see is a scathing one-star review. But no matter how hard you work, they are still bound to happen. When you receive one, take the time to respond thoughtfully —without being defensive — and try to come up with a possible solution to the complaint. And be sure to respond to your positive reviews as well. When you show that you engage with all of your customers, prospective ones will be more likely to give you a shot.

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INSIDE THIS ISSUE

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Combatting Nursing Home Abuse

The Golden Era of Athletes on Social Media Making Charity a Part of Your Estate Plan

Shrimp Sausage Skewers The Value of User Reviews

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Genealogy Sites Provide Breakthroughs in Cold Cases

GENEALOGY SITES AND THE WARMING OF COLD CASES The Revolution in Forensic Science Continues to Captivate the Masses

We’ve come a long way in the field of forensic science since 1986, when DNA was first used to convict someone in court. In 2019, criminals who would have gotten away with their crimes in the past are now put behind bars where they belong. The advent of genealogy testing has been thrust into the spotlight with high- profile cases that were solved by sequestering information from sites like 23andMe and Ancestry.com. With this revolution in DNA testing on the rise, there’s really no end to the impossible-to-solve cold cases that can finally be put to rest. Whatever the motivation was behind genealogy sites in the beginning, they’re now some of the most sought-after databases in the world and are worth billions for their collection of the most personal consumer data in existence. Using these websites’ data, investigators can make DNA matches with potential offenders. The most famous recent case is the successful apprehension of Joseph James DeAngelo, otherwise known as the Golden State Killer.

After 13 murders and dozens of assaults, he was finally brought to justice after investigators matched his DNA to the evidence found at the crime scenes. They gained access to his DNA from the personal genomics site GEDmatch.

to its customers, law enforcement agencies successfully subpoenaed the companies to hand over the requested data. With the ability to theoretically solve any crime with preserved DNA, law enforcement and websleuths alike are foaming at the mouth at the possibilities genealogy testing has to offer. If only we’d preserved some of Jack the Ripper’s DNA!

Although access to the data of popular sites like 23andMe and Ancestry.com is restricted

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