Negligence and Intentional Tort Law

In general, personal injury law can be separated in to two categories: negligent acts or intentional acts.  They may also be referred to as "torts" an old english term meaning "legal cause of action" for which an individual can seek compensation for through the legal system.

Negligent Acts

A negligent act occurs when one individual damages the person or property of another without any "intent" to injure.  This may occur due to the carelessness of the first individual.  For example, a driver who is careless, and causes an auto accident by failing to obey the traffic laws may be considered negligent and would be responsible for any damages caused to any person or property.

In order to prevail in a negligence action, the injured party needs to prove that the other party had a duty of reasonable care, did not maintain reasonable care, and that the failure to maintain such reasonable care resulted in injuries to the aggrieved party.  For example, referring to the auto accident mentioned above, all drivers have the duty to operate their vehicle safely.  If they fail to do so, and this failure injures any other person, or THEIR property, then they would meet all of the criteria to be held negligent and therefore accountable for and damages caused to the injured party.

The majority of negligent actions include slip and fall situations, motor vehicle accidents, products liability cases, and injuries resulting from the malpractice of a medical professional or institution.

Intentional Actions or Torts

An intentional tort occurs when an individual intentionally acts to injure another or their property.  In most cases, is does not matter whether the party intended that an injury occur, only that he or she intended to commit the act which led to the injury.  In some states an intentional tort may also be defined as an act which a reasonable person knew or should have known would have led to an injury to a person or property.

Intentional torts include such acts as, kidnapping, assault, and spousal abuse.  In fact many intentional tort actions are brought as the result of the commission of a criminal act.

Making the Choice for Homecare

People don't really think about homecare until they need it. When a situation arises that you need of someone to help you in your home or residence most people go into panic mode as they deal with the crisis. You then look in the Yellow Pages, call friends or rely on someone to guide you to the places and people that can assist you. If you are in this crisis intervention category rest assured you are not alone. This is typical of most of us when it comes to many healthcare issues particularly home care.

We go about our days doing all our routine activities of daily living such as brushing our teeth, showering, putting on deodorant, tying your shoes, dressing, preparing our meals, eating, doing laundry and cleaning our living spaces. When you are healthy, these activities are taken for granted as they are just part of every day. What happens when we break a leg, are in a car accident or slip on ice and fracture an arm? We soon learn that those every day activities are not so ordinary or easy to do anymore. Aging can also play a part in our decreased ability to perform these activities without thinking about them. Diseases such as Arthritis, MS, Alzheimer's, Parkinson's and sometimes Diabetes can also add to our frustration in not being able to do those things for ourselves that we have done since our parents gave us the gift of independence and taught us self-care.

Lets talk about a man in his early 80's, living alone with arthritis. This person may find that he could use a little assistance with the housekeeping as it has become very difficult to carry that heavy vacuum up and down the stairs and changing their bed. They may require only a few hours a week to complete these tasks and then be able to cope themselves with everything else. Possibly a family member has been helping out doing his shopping and other tasks but he is finding when their loved one comes to help there is no time for a visit. He wants to remain independent, but realizes he requires assistance. This person would benefit from having a home care worker.

There are different ways one could go about finding the right person to assist them. The local Community Care Access Centres (CCAC) are there to assist people in their home that meet a certain criteria. The service is paid through our OHIP dollars and being an Ontario resident with a valid Health Insurance Card would entitle you to this if you meet the criteria. Those criteria must usually include elements of personal care such as bathing, dressing, feeding or grooming. Our man suffering with Arthritis would likely not qualify for this assistance through the CCAC and would have to purchase this service on his own. He may have a benefit plan from his former or current employment that assists in paying for some or all of his homecare or maybe he carries Long Term Care Insurance that will also pay for a portion.

Assistance in payment for homecare may also be available if he was a war veteran. Under this category there is guidelines of qualification and it is best to contact the Department of Veteran Affairs to find out if you meet the criteria. Another way to gain information is to talk to others that may have a homecare worker or know of someone who has had one in the past. Ask them who the company is they are getting their worker from and if they are satisfied with the help provided. Call the company, tell them the situation, and ask about some of their policies, what they can provide as well as price per hour. Shop around just as you would for any other service you purchase. Look in the phone book, seniors magazines, and the internet and contact the CCAC for referrals of companies to call.

I strongly suggest never hiring an individual person to do your care. This person may sound great and the price will usually be lower than going with a company but there are some red flags you should be aware of when hiring a private individual. There are concerns to consider such as: does this person carry liability insurance for the occasional accidental breakage of that priceless antique vase you have. Under most circumstances a private individual could not afford to carry this type of insurance. Would they have malpractice insurance in cases of professional medical care? An individual would not be able to carry insurance under the Workers Compensation Insurance Act so if they were hurt while on duty such as slipping on ice in your driveway, they could sue you for damages. What happens if the worker is ill- there is no one to replace them. With a company you have the assurance that you would have the option to take a replacement staff. If that person was not happy in their position and decides to leave, you are back to square one of finding another worker. If you hire a company, you would simply call the office and have them replaced. There is always the chance that you will not be happy with the individuals work habits or even personality which again brings you back to square one after you let them go. With a company just pick up the phone and let the office tell them not to return to your home and have someone new come to you.

There are many companies to choose from but, they are not all created equal. Individual policies held by companies can differ from one to the next. It is important for you to find the best one to provide you with the service you need within your budget. Ask for options with the company and don't be afraid to ask for a discount in price. Make sure a service agreement or contract is put into place between you and the company and set the price which should remain the same for a year from start date. Be up front if you find the price too high but remember to ask questions regarding their policies surrounding hiring practices. Make sure the company hires their staff based on criteria that includes a police reference check, full medicals, industry references, up to date CPR and First Aid certifications, employee continuing education and fire prevention training. Find out if the company offers workshops for their staff that keeps them up to date on new education in the health care field. Make sure that they are willing to come out to meet with you and discuss a plan of care that meets with your needs. This way you can feel more comfortable of who to speak with if an issue with a worker does arise.

Be open to the fact that nothing is ever perfect and that not everyone is meant to work together. Sometimes personality conflicts arise and you may not meet eye to eye with a certain worker. Understand that mistakes do happen and because we are all human people can run late or become ill. The worker may not fold the towels the way you always did but be aware that you can teach them how you like things done. Enjoy having a new person to talk to, teach new things to and learn from. Look at the situation as a whole new learning experience for yourself and the worker and you will be surprised how easy it was to make the transition of accepting the help.

Find a Doctor: How To Secure a Family Physician

For most parents, there are few things more important than making sure their family is well taken care of when it comes to their health. This is especially true of their children. Rather than simply using basic "find doctor" websites to complete your search, there are some advanced ways to cut through the endless reams of useless information and get the physician that your family deserves. If you have been waiting to get a physician that can treat your family well, here are some tips that can help you on your search.

A good "find doctor" resource is the local hospital. Check with them and see who they can recommend in your area. A nice thing about doing it this way is that you will likely be referred to someone who has an affiliation with that hospital. If you choose to go with that physician, you know that your child will be in good hands should they ever need to be hospitalized. It's always a good idea, no matter how you begin your search, to make sure the physician you settle on is affiliated with the local hospital. Not only will that give you peace of mind should anyone in your family have to go in for surgery or illness, but those physicians are likely to be held in higher esteem in the community.

Another good place to start is with the American Medical Association. If you have a physician in mind, you can call the AMA to learn their credentials and make sure they are as accomplished as they claim to be. Along similar lines, don't hesitate to contact the state medical board to make sure there are no skeletons in the closet you should be aware of. They keep track of malpractice suits and disciplinary action, as well as knowing whether or not the physician has kept his license up to date. These are things you should know before committing to any particular physician.

Finally, don't overlook one of the most powerful tools in the modern arsenal, which are review websites. These sites let patients make ratings and reviews of healthcare professionals and they can be an invaluable resource for anyone looking for a good family physician. You can search by city and state, or by medical specialty to get the results you need. Don't forget to actually read the reviews, rather than simply looking at the ratings, as there can be important information in those reviews to help you make your choice. Everyone knows a good physician is hard to find. Doctor reviews, however, can greatly aid you in this process.

Your Call: Access or Choice - Neither?

President Obama promised that after implementation of his new health plan, Americans would be able to keep their doctors and insurance plans and that there would be more access and choice in health care delivery.

The media offers a lot of coverage on the shortage of primary care doctors and how new legislation will exacerbate the problem. One major goal is to increase access to care for all Americans - particularly lower income citizens - by providing health insurance options to more people in order to make care more affordable.

While the right to health care is debated, everyone generally agrees that better access and more affordable health insurance is good. If people are insured they'll make better preventative care choices and see their doctors regularly. Effectively, this means fewer trips to the emergency room for the common cold and less occurrence of heart disease-induced surgeries.

However, 20 to 45 million additional patients represent huge demand that will overwhelm the current pool of doctors. Basic supply and demand teaches there will be a problem: new, government-induced insurance cannot create the tens of thousands of new physicians needed overnight. A shortage of doctors will become an increasing part of life. However, other types of legislation - or the free market - could encourage more students to become doctors and more nurses and physicians assistants to take on changing roles.

Many newly-insured patients and those who already depend on government-sponsored care will have greater access in theory; however they will have long wait times as doctors close their practices to new/Medicare/Medicaid patients. Short of time or immigration, only intrusive federal regulation can remedy this situation.

According to the WSJ, changes which would be the envy of any economic central planner are underway to cut insurance company costs. The plan caps overhead or the inverse of "medical-loss ratios" at 15% for units that offer health plans to large businesses (20% on individual/small business plans). A common response may be "Great... those greedy insurance executives make too much!" however this tightening misses the point and has some interesting consequences.

  • First, due to the extensive startup costs of new insurance plans, overhead caps will limit new product development and marketing and fewer will be created.
  • Second, starting in 2014 the government will standardize insurance benefits, reducing differentiation and consumer choice. (Perhaps making the prior point moot)
  • Third, insurers will choose unorthodox methods (not inherently bad) including vertical integration. Owning practices or hospitals eliminates negotiations with doctors over reimbursement as the insurer would be paying salaries. (The article mentions that by next year over 60% of doctors will be salaried).
  • Fourth, of practices not owned by corporations, fewer will be "In Network." As insurers cull their groups of networked doctors, they will be able to exert more force with each that remains.
  • Fifth, it is rumored that medical licensure may one day depend on participation in Medicare and Medicaid. Massachusetts is looking to deal with their shortage by effectively doing just that.

Ultimately, as "access" is touted in the form of millions of new insurance policies, access as we know it will disappear. If past social experiments are any example, promising more - albeit with good intentions - without implementing necessary infrastructure improvements will lead to shortage and rationing. Further, with insurance companies owning more practices and closing their networks, and more doctors joining large hospital groups as rank and file employees, "choice" as we know it will suffer as well.

As we face a challenging future leading toward more social programs - even as European countries move to reform their own - what are we to do? The government picked a few aspects of one important point: cost. Lower income folks avoid regular visits in part due to affordability of health insurance/health care, so the government offered to help pick up the tab as a solution (politician method). And, since insurance companies are for-profit and operate like any business; restrict their expenditures as a solution (balance sheet method).

The free market alone may not be best at offering universal access to affordable, quality care. However, the solution is not to adopt another extreme. Opportunities for cost cutting outside of health insurance premiums are many and while some regulation may be necessary most would not impact the personal relationship one has with their doctor. A few include:

  • Malpractice insurance (tort reform)
  • Medicare/Medicaid (yes, we do need more government spending)
  • Medical school tuition (higher education in general needs help)
  • Medical school enrollment (capacity for qualified students)
  • Pharmaceuticals (we can learn from the Canadians and Europeans)
  • Wellness and nutrition programs (save trips to the ER)

One solution would be to restore the relationship between patients and doctors by restricting dependency on big business and big government. Cost cutting measures and an overhaul of "health insurance" from a buyers club for body maintenance to a protection against financial ruin from emergency and hospital care can be blended with a direct care model of service that allows patients to choose their doctor and pay directly.

Models demonstrate that fee for service or all inclusive concierge plans make financial sense for patients and provide stable salaries for health care providers. On the low end a plan offering basic care including office visits and wellness could be as little as $75 per month. For just $250 per month, one could have a full, premium concierge plan. Combined with ER/Hospitalization (catastrophe) coverage, even a top shelf concierge plan for the average middle aged American is cheaper than their current HMO or HDHP bill.

While many scoff at a $2,000-$4,000 annual price, they fail to consider their monthly insurance premium, how much their employer contributes, and all of their co-pays, deductibles, and out of pocket charges. In order to ensure that those in lower income brackets take better care of themselves - and leave the ER for emergencies - it would be both ethical and cost effective to offer means-tested free clinics or even subsidies to cover direct care. While this will take an overhaul of our health delivery system, we believe direct care and concierge medicine are part of the solution and we work hard daily to support implementation through Direct Care Practices.

The Florida Research Partnership (FRP) is a joint effort between the non-profit Society of Direct Care Medicine and Direct Care Group, an industry leader in the concierge medicine/direct care market.

Each brings a unique perspective to the collaborative effort. Due to its independent, non-profit status, the Society brings pure, unencumbered research. DCG in turn provides real world operational experience and the resources necessary to disseminate the products of the partnership.

Become Your Own Healthcare Advocate

We know that in politics lobbyists hope to have influence on important political decisions. They are advocates for their specific causes. They are respected for their expertise and they keep focused on getting the results they desire. Wouldn't you assume the same is true when applying the analogy to your own healthcare? When diagnosed with a chronic or life-threatening illness it's important for you or a care partner to become knowledgeable about advocating for the best outcome from treatment.

Be Intelligent

No one expects you to take a crash medical school course after being diagnosed with an illness. It's not necessary that you understand anatomy and physiology or cell biology. It is important that you know how your own body works. What are the unique features of your body? What illnesses and injuries have you had? What medications are you allergic to? How do you respond to medication? It's also important that you have at least a basic understanding of your diagnosis. You should know the actual diagnosis and all its particulars. If your specific disease has stages, phases or degrees, know where you are on the continuum. Do enough research so that you aren't buried in information on your first doctor's visit.

Be Curious

Curiosity may have killed the cat, but it could save your life. Today's healthcare culture is about increasing the numbers of patients seen by doctors while reducing the reimbursement schedules and insurers increasing malpractice insurance premiums. Curiosity allows you to feel prepared for your consults. It shows the doctor that you are part of the team and not simply a bystander or a victim. Curiosity may even get the doctor to think twice about a test, a diagnosis or a treatment. It tells the doctor that you're not simply a tourist in this process, but you are truly the CEO of your own health. Curiosity also keeps the medical team connected to you even when you're not present. They will think about questions or research answers about protocols and outcome studies so the next time you come in for a visit they are just as prepared as you.

Be Assertive

Western culture has created a power imbalance between the doctor and patient. It's not uncommon for doctors to be put on pedestals, unfortunately that means many fall off. When meeting with your healthcare team make clear your expectations. If you feel a particular test needs to be done, don't take a simple "no" based on the insurance company declining the request. It's fine to ask the doctor or hospital to appeal the decision and requesting the doctor to provide additional information if necessary to make sure the test is authorized. If you have specific side effects that you don't feel are being addressed make a firm request of your provider. Suffering should be eliminated at every possible juncture of your treatment process. This is no time to be a wallflower. Your presence is important, so make sure your voice, your concerns and your problems are addressed.

Becoming your own healthcare advocate provides you with a sense of ownership. It gives you the presence of mind to partner with your healthcare team. You're empowered to ask questions at every step of the process. Your inner strength translates to improved immune function. We all need an advocate so either step up and take that role or team up with someone who has the experience in that position, but don't be led down a path without having a voice.

Why the Current American Health Care System Does Not Work and Why It Should Be Changed

The preference for minimal government oversight and ideas of individualism are responsible for the way American health care system is structured. However, access to health insurance and health care has been a pressing issue in this nation for a long time; rated by the WHO as one of the worst among industrialized countries, the United States' health care system is too costly and fails to cover everybody. Despite president Obama's attempt to bring about change, many continue to question the effectiveness of the Patient Protection and Affordable Care Act the concerning both costs and overall coverage. The issues regarding health care reform directly affect the feasibility of the American Dream because adequate health care and insurance are necessary to full citizen participation and it is the government's responsibility to provide access. I believe that given this nation's strong anti-statist values it will be difficult to implement a federal health care policy; therefore it is more feasible for states to create health reforms like the one in Massachusetts and ensure universal health care.

In 2007, the US health system presented many problems concerning the amount of people who were both uninsured and underinsured and the fast rise of insurance premiums causing many Americans to report debts and problems due to medical bills (Commonwealth Fund Commission, 232). The cost of American health care is inarguably one of the major setbacks of the system; it is the highest amongst those of other industrialized nations but not necessarily more effective. For instance, a case study in the town of McAllen, Texas, shows how the overuse of medicine and the "fee for service" incentives available to doctors can really drive up the cost of medicine. McAllen is one of the most expensive health care markets in the country where most doctors focus less on preventive care and more on running extra tests, services and procedures out of fear of malpractice, influenced by differences in training, or simply to make a few extra dollars. (Gawande, 340-342). Although the situation in McAllen might be an extreme example, it does not fail to explain how the "culture of money" partly affects the cost of health care system. Unlike systems such as Canada and Japan, the American government plays a minimal role in bargaining down prices or setting price standards, this lack of control allows doctors and medical institutions to often purchase the latest technology, but not the most efficient (Klein, 256). Nevertheless, doctors are not to be labeled as the villains because private insurance companies add to the problem by expending a quarter and a third of their revenues on administrative costs (Weissert and Weissert, 350).

The high number of uninsured Americans (45 million in 2007), is another disconcerting fact regarding the downfalls of the American health care system; it is unfortunate that in an industrialized nation, once considered the most powerful in the world, people are often forced to put their career dreams on hold in order to gain access to employer based insurance. This has a negative impact on the nation's economic and political development because people who could create the latest technological innovations are "locked" at Wal-marts and the likes. Low income uninsured families like Greg and Loretta, who struggle to keep their children healthy, lose all faith in the American dream and essentially become a burden for the rest of society. Some argue that good health is a personal responsibility, and yes eating a burger everyday will obviously have negative impacts on a person's health and they should be held accountable for those poor choices. Consequently, some would blame Greg and Loretta for their unfortunate condition, but the question is; how can their children be expected to become productive citizens if they lack basic health care? The American Dream encourages individualism, but individuals cannot perform to the best of their abilities if they lack the necessary tools to do so.

In 2006, the state of Massachusetts passed an "ambitious" health care reform that improved access to care and lowered the rate of uninsured working age adults; in spite of its high costs, this plan exemplifies how reforms at the state level can perhaps be easier to implement and regulate, consequently having successful results. The plan is essentially composed of three parts: expansion of the state's Medicaid progress (establishing income-related subsidies), creating new private insurance plan open to individuals, and lastly it requires that both individuals and employers participate in the health insurance system or pay a fine. Furthermore, it provides individuals with the alternative to buy from private insurers if they do not have access through an employer (Long, 321). Mixing public and private markets achieves near-universal and gives citizens options.

Two of the most important elements of this reform are the certainty of having access to coverage in the case of unexpected unemployment and not having to worry about rejection due to pre-existing conditions (Kaiser Family Foundation, 325). The economic downturn has and continues to hurt many families, many jobs are uncertain and health insurance is no longer secure, therefore by making sure citizens continue to have access to health coverage, the state of Massachusetts is essentially contributing to the overall development of the nation's economy. When people are not worried about paying astronomical medical bills, they have more time and money to spend on purchasing houses, cars, etc which ultimately results in consumerism and more profits. Lastly, the Massachusetts provides citizens with high quality care that allows them to make regular doctor visits and access specialists, tests and medications as needed (Kaiser Family Foundation, 328). This approach is similar to the preventive care practiced in countries like Great Britain; essentially it is more beneficial for both the doctor and the patient to treat any conditions before they get out of hand.

Although the Massachusetts health care reform has proved to make significant improvements, like any other reform it has its downsides which may lead people to focus on the inequities and overlook the success. For instance many Massachusetts residents believe that more education about key aspects of the health reform would help better understand how the programs work. Residents are specifically interested in income limits to qualify and how to apply for coverage (Kaiser Family Foundation, 331). It is expected that citizens have questions about newly implemented programs and that they may not understand specific medical, political or economic jargon, but this is not a major concern because education can be easily provided. On the other hand, some would argue that the high cost of this plan is indeed a significant problem which must be addressed; nevertheless Massachusetts legislators are aware of the cost and are working to stabilize the finances. Firstly, they want a new payment of method that rewards prevention and effective control of chronic disease instead of paying according to the quantity of care provided. Secondly, the commission is looking to reimburse physicians for episodes of care rather than individual visits. Health experts agree that if Massachusetts is able to implement this changes, it will be as "audacious an achievement as universal healthcare" (Sack, 334-336).

Today, the future of president Obama's Patient Protection and Affordable Care Act is somewhat uncertain. Republicans want to repeal it and skeptics argue that it is not going to solve the existing problems. Although this reform promises desirable aspects like overall coverage and cost reductions, the results are solely based on projection, making it difficult to guarantee that it is going to be successful. The Massachusetts health care plan has already been implemented and proved to create significant improvement. Essentially this model presents an effective alternative for health care reform and it celebrates the values of anti-statism by allowing states to make their own decisions.

Works Cited
Commonwealth Fund, "Why not the Best: Results from the National Scorecard on US Health Performance". July 2008
Gawande, Atul. "The Cost Conundrum": What a Texas town can teach us about health care. The New Yorker 1 June 2009
Kaiser Family Foundation, "The Uninsured: A Primer". October 2008
Klein, Ezra. "The Health Nations: How Europe, Canada, and Our Own VA Do Health Care Better". The American Prospect. 7 May 2007
Long, Sharon K. "On the Road to Universal Coverage: Impacts of Reform in Massachusetts at one year". The Commonwealth Fund. June 2008
Sack, Kevin. "Massachusetts Faces Costs of Big Health Care Plan". The New York Times. 16 March 2009

Try a New Approach - Acupuncture and Infertility

Acupuncture has long been in existence as did the Chinese civilization. By the use of fine sterile needles pierced to vital pressure points of the body, it eases pain, soreness and offers remedies to ailments. The technique is commonly applied to specific areas of the central nervous system to control blood pressure. Upon administration of the needles, it enables the body to release endorphins to relieve pain and induce a state of euphoria with the help of neurotransmitters and neurohormones supplementing in the process of healing in the body.

Hormonal imbalances resulting to infertility could be treated with the combination of medical procedures and Acupuncture as well. It is characteristic of Acupuncture to accurately adjust blood pressure. It could effectively lead and redirect the much needed blood to the vital organs and hormone levels. Acupuncture enhances the functions of the ovaries and the follicles, assisting by adding blood flow to the endometrium as it hardens the outer lining of the ovaries. In the In Vitro Fertilization process, success in pregnancy had significantly increased with the application of Acupuncture. A rise of numerous fertility specialists and medical centers recommend it as an essential component in the IVF procedure. A distinctive role played by Acupuncture in embryo transfer showed positive results in pregnancy. Fertility problems like blockade in the fallopian tubes could not be resolved by Acupuncture but contortion and spasm in the tubes could be remedied and restored to normalcy. The use of herbal medicines is common in Acupuncture, when dealing with miscarriages, idiopathic infertility, luteal phase defect by hyperprolactonemia when not caused by prolactinoma, elevated Follicle Stimulating Hormones (FSH), Polycystic Ovarian Syndrome (PCOS) and the male factor known as the Sperm DNA Fragmentation.

Acupuncture helps the body and induces self-healing within a period of time. The element of time is the most imperative factor for our bodies to heal or work. It takes 3 to 4 months of medical attention before a woman could undergo the IVF process of insemination or the donor egg transfer. Acupuncture is recommended in pre and post embryo transfer procedure. In this length of time, a regular Acupuncture applied prior to fertility treatment offers positive therapeutic benefits. To undergo fertility procedure is critical and strenuous for the concerned couple especially to the woman. Anxiety, depression and stress are directly addressed and reduced if not eradicated by Acupuncture. It is expected for couples enduring infertility problems will try to find some other options. Acupuncture offers the alternative choice.

The use of Acupuncture in infertility treatment includes high risks. Malpractices in use of Acupuncture to a pregnant woman may consequently lead to miscarriage. The selection and deployment of an experienced Acupuncturist specializing in fertility disorders is of great concern and highly delicate to any medical team of experts conducting IVF procedure. Another alternative is the use of electro-acupuncture instead of the usual anesthetics. Acupuncture may result to shorten hospitalization and lower medical cost.

Medical research and study concludes that a combination of conventional medicine and Acupuncture, herbal and traditional medicines, when used effectively in the treatment of fertility disorders yields successful results. Acupuncture and herbal medicine administered to fertility problems, on its own offered no promising success.

Self Employed Liability Insurance - The Best Coverage For Your Needs

There are several different types of insurance to choose from, such as health, life, liability, etc. Liability insurance offers protection from lawsuits and other claims brought against the insured in the event that other people or property become injured or damaged. Financial coverage is provided to pay for the medical expenses, legal fees, and other related costs. These costs can be detrimental to the livelihoods of self-employed individuals, who often have to pay for supplies and other employment-related costs out of their own pockets. Self employed insurance can help these individuals avoid such unwanted and highly unappealing risks.

Self employed insurance can be helpful in many different situations and for all kinds of self-employment ventures. A self-employed doctor, for example, could be sued if a patient is injured in his or her practice, and having insurance would help to lessen the costs that a malpractice lawsuit would incur. An independent contractor, such as a self-employed construction worker, could use it if she or he damages the client's property in the process of working on it. Insurance would also be helpful to a small business owner in case a customer slips and falls and suffers an injury on his or her property. In each case, without insurance the self-employed individual could suffer a devastating financial blow.

A wide range of insurance coverage is available to self-employed individuals depending on their different needs. A general liability insurance policy, for instance, provides coverage against claims of libel, slander, etc. Professional liability insurance protects business owners, including self-employed small business owners, against damaging personal claims from angry customers or clients. Self-employed entrepreneurs who have staff working for them could use employers' liability insurance, which provides coverage for liability risks involved if an employee becomes injured in the course of employment. These are some of the different types of self employed liability insurance coverage that might be considered based on individual need.

Nobody should expect the worst, but everybody should be prepared in case the worst does happen. When it comes to the world of employment, this statement might possibly ring even more true for the self employed. Because these individuals have more financial responsibilities than most workers, the high medical costs and legal fees that come with a liability suit could be debilitating if one were to be brought against them. In such cases, the best defense is self employed liability insurance. It provides plenty of protection against the high risks associated with self employment, which otherwise offers many benefits.

How to Find Low Cost Cosmetic Surgery

It seems as if no one is ever really satisfied with the way that they look. Even people that you think are beautiful will be able to find some flaw in their bodies. If you have ever dreamed of having your nose fixed or having larger or smaller breasts, then you owe it to yourself to look into finding low cost cosmetic surgery options.

International medical travel is one way that you can find low cost plastic surgery. There are doctors in Costa Rica, Mexico and India who will perform every conceivable cosmetic surgery at a fraction of what it will cost you at home. Salaries are much lower in these developing countries and the exchange rates are favorable so medical treatments are less expensive.

If flying to another country for cosmetic surgery is not for you, don't panic. You may have to travel outside of your immediate area, but still within your country, to secure low cost surgical options. Some parts of the country are more expensive to live in than others, and the price of malpractice insurance is higher too, which drives up medical fees. Flying to a less populated area is one way to find low cost cosmetic surgery.

Another way is to have your cosmetic surgery performed in the doctor's office rather than in a hospital. That is one way that you can keep down costs, but you must feel comfortable with the surgeon that you choose. Always check references and see whether or not your surgeon is board certified in plastic surgery. It is possible the surgeon is board certified, but not in plastic surgery.

A popular way to get low cost cosmetic surgery is to finance it. You read that correctly. Put your treatment on a credit card or secure a loan for the cost of plastic surgery. Many doctors will allow you to make scheduled payments to them over the course of a year so that you can pay for your surgery in affordable installments. Check with your surgeon for financing options.

Plastic Surgeon - How to Choose One?

Choosing a plastic surgeon to perform your cosmetic procedure is one of the most nerve-wracking decisions you'll have to make. Not only is it essential to choose a well-qualified cosmetic surgeon, but you'll want to choose one that shares your aesthetic sensibilities, has a pleasing bedside manner, and is easily accessible.

While it may be easy to choose what procedure you want performed, you may find that it takes you quite a while to find the right plastic surgeon for you. Here are a few factors to consider when making this important choice.

1. Distance:
There are some fantastic and highly specialized plastic surgeons around the country that can combine aesthetic artistry with superior medical skills. While many people find that its well worth the expense and time spent traveling to a specific cosmetic surgeon, for others it just might not be feasible. It also makes the issue of aftercare and follow-ups more difficult. Some patients may develop complications over time and your original surgeon may not be accessible to you when you need them.

2. Money:
Some areas of the country, and certain surgeons, will naturally command a higher price for cosmetic surgery. Before you start consulting with potential plastic surgeons, create a budget and research possible financing options, if necessary.

3. Popularity:
Although you want to choose the best possible cosmetic surgeon, don't just go by popularity alone. Individual consultations, before and after photos, and your own gut instincts are worth more than a few talk show appearances. You may find some very competent and qualified local surgeons that offer more reasonable prices and shorter waiting lists.

4. Qualifications:
Before even bothering to call a surgeon, check their qualifications! You should only choose a surgeon certified by the American Board of Plastic Surgery (ABPS). It's also wise to review their education, years of experience, and check for any malpractice suits against them.

5. Bedside Manner
It's not just about skill. A good plastic surgeon should make you feel comfortable and confident. He should give you a detailed consultation, answer all your questions, and have plenty of informational material for you to review. At no time, should you feel rushed or pressured into making a decision.

6. Aesthetic Views:
You may have found a qualified, certified, and friendly cosmetic surgeon, but after looking at his before and after photos, you're afraid you'll get the same button nose that every other patient before you has ended up with. Do your aesthetic sensibilities match those of your surgeon? Some compromise may be necessary due to physical limitations, but if a surgeon's vision deviates too much from your own, keep looking.

The internet can be a valuable research tool in your search, as well as recommendations from friends, family, and certain facets of the media. However, the decision you make should ultimately be based on your own instincts and your surgeon's qualifications.

Even the best cosmetic surgeons have been known to make mistakes or have patients who suffer from complications, so personal trust and confidence is the key to having a successful surgery.

Lasik Eye Surgery-How to Find A Lasik Surgeon You Can Trust

Since LASIK surgery has been so popular, many doctors started offering it. That's good for us, the potential patients. It gives us a wide array of possible eye surgeons to choose from.
So it's up to us to choose well. To do that, we need to prepare a list of good questions to ask our potential doctors. Then we should set up a series of interviews with the best candidates.
You can find names of LASIK surgeons by:

Asking friends and acquaintances

Asking your family doctor for a referral, or your regular eye doctor

Looking at advertisements or the phone book (but see under The First Principle!)

Contacting the American Academy of Ophthalmology (AAO) (http://aao.org/)

The first principle

The thing we shouldn't compromise on is quality. How can we trust a doctor who puts his profit ahead of our eyesight? Some LASIK facilities advertise low prices and this may at first look attractive.

Caveat emptor - buyer beware!

A facility which charges low fees has to make up for those low fees by:

· Processing large numbers of patients as quickly as possible

· Purchasing cheap equipment

· Buying or leasing an old, cheaper laser

· Re-using things which should be fresh for each patient, such as latex gloves and microkeratome blades

· Autoclaving (sterilizing) equipment less often

· Paying lower salaries, which means hiring less skilled staff

· Giving you less surgeon time, since surgeon time is expensive, being so highly skilled

· Omitting parts of the initial examination of your eyes to determine if you're a good candidate for LASIK

So it's best to resist those low prices and instead look among the facilities where surgeon time is given more freely and no corners are cut.

Some questions to ask your candidates

1. Is he actively associated with an academic medical center?

A LASIK surgeon who stays in touch with research and new developments will be up to date in his practice and aware of any downsides to new technology, as well as its advantages.

2. What professional organizations does he or she belong to?

Some examples are:

· The AAO - keeps LASIK surgeons in touch with each other, and offers further training, professional support, etc.

· The American College of Surgeons - has a stiff credentialing process and enables its members to stay current with surgical advancements.

3. How long has he been doing LASIK surgery?

You would want at least 3 years of experience. Don't believe any statements like "Oh, over 20 years..." because the FDA didn't approve LASIK in the U.S. until 1999.

4. How many times has the surgeon previously done the exact procedure recommended for you?

Expect about 100. You want a surgeon with extensive experience, both to do a premium job for you, and in case anything goes wrong. A novice might not be able to handle an emergency situation.

5. What percentage of your patients have gained 20/20 vision?

You'd be looking to hear "About 50%". That's the average. Any higher number would have to be backed-up.

6. Ask for the names and contact information of some previous patients who have had the exact same procedure you're planning to have. A good LASIK surgeon will have names ready to give you.

7. Has the surgeon ever had malpractice insurance coverage denied? If so, move on.

8. How many other eye surgeries has the LASIK surgeon performed?

Besides LASIK, some others are:

· LASEK

· PRK

· CK

· Lens replacement

Choose an eye surgeon who knows the whole field, not just one sliver of it. With thorough knowledge of all vision correction surgeries, the surgeon can recommend the best one for you.

Making the decision

When you interview your candidates, don't be shy about pressing for a clear answer. A good LASIK surgeon will take time to develop a good understanding with you and make sure you're clear on your options, and on the benefits and potential risks of your surgery.

After you interview everybody, if you still aren't sure you've found the right surgeon, go ahead and interview some more. Don't feel you must go with the surgeon you've just talked with.

Good eye surgeons realize that many people are anxious about having someone work on their eyes and use a laser doing it. You can end the interview saying that you need to think some more. Your eyesight is far too important to put in the hands of anyone you mistrust, even slightly. So trust your intuition and keep looking until you feel fully confident with the LASIK surgeon you choose.

Tree Fertilization - The Pros and Cons of Fertilizing Our Trees

Many of the larger tree care companies offer tree health care along with their list of surgical methods. Tree health care is a very valuable service for those who truly care about their trees and want to keep them healthy in spite of problems that they may encounter as a result of being in an urban or suburban setting. The methods used by professional arborists in the practice of tree health care come as a result of scientific studies in botany, horticulture, agriculture, and arboriculture. Brilliant minds in universities with the time and resources to study plant life on the cellular and molecular level have given information to practicing arborists that, when applied correctly, can save and extend the lives of trees.

It's good to know that there are health care solutions for the problems that sometimes plague our beloved trees. But just because it's labeled "plant health care," and is administered by a man in a green uniform does not really mean that it is the right way to go. Plant health care, just like human health care, requires both scientific research for the development of the medicine and qualified and well-studied practitioners to administer the medicine in the right way. We know that the science is there. Sadly, what is often missing in both cases is the well-studied practitioner.

Have you noticed that there is an over-use of medicines that were developed to treat human medical conditions such as attention deficit disorder and depression? The over-prescription of these drugs is an indisputable fact. The social scientists who discovered and studied the conditions also noted the percentage of the population that is afflicted. Medicine is prescribed to a percentage of the population, in some cases, that is 100 times greater than the number with the disorder. There is no doubt that the medicine helps those with the disorder, but what does it do to those who are not afflicted? This is a question worth discussing in another forum.

In the case of our trees, have you noticed that the usual prescription for a problem in trees is deep root fertilization? Why would this be? I have witnessed arborists actually prescribe and sell fertilization before testing the composition of the soil that they are fertilizing. This is a classic example of medicating without diagnosing. The fact that an arborist would add something to the soil suggests that something is missing in the soil. The only way to know this is to test it in a lab. The real question (besides the obvious issue of wasting money) is what harm may be done if we fertilize a tree that does not need it? Let's talk about that.

In a way, fertilizer is to trees as steroids or growth hormones are to humans. It encourages growth and vitality. It also tends to mute or turn off the natural defenses that an organism has to disease. Like humans and animals, trees react to invasion by turning on their own immunodefense. Fertilizers can sometimes "trick" a tree into vitality. In the process the tree stops or slows production of chemicals on a cellular level that combat the invasion of pests and disease. So, in spite of an outward appearance of health, the parasite that is causing the problem is allowed to grow unfettered by the tree's immune system.

If the diagnosis of the patient (human or tree) is that it is lacking in nutrients, then it is helpful to apply fertilizer as treatment. But without this diagnosis, fertilizer as a treatment is just malpractice. If fertilizer is suggested to you by an arborist upon his first visit to your property, you should be careful. He may be prescribing the only treatment that he knows or is willing to apply. A good arborist - one who is truly committed to tree health care - will spend time on the diagnosis so that the treatment fixes the problem.

Let's not be afraid to ask health care professionals (arborists and doctors) what exactly is causing the problem. We shouldn't take pills unless we know that we have a condition that the pills are treating. And we shouldn't apply treatment to trees unless we know that they have a condition that the treatment cures.

Answers to YOUR Frequently Asked Questions

Last month I received a ton of calls from you as the April tax filing deadline came and went. As a tax advisor and a real estate investor, I typically get a lot of tax questions, especially around April 15th. This month, I want to share the answers to YOUR Top 3 Frequently Asked Questions.

1) Should I set-up an LLC, Partnership, or Corporation? Unfortunately, the answer to this question is "IT DEPENDS"!! There are advisors out there who will answer on the spot and say "Always use LLCs for real estate". If you hear someone say this to you, run for the hills! Why? Because giving out tax advice without first understanding everything about the taxpayer is the same as a doctor prescribing medication without doing a diagnosis. In both the financial and medical field....this is known as malpractice. Here are some things you need to talk to your tax advisor about in planning for the correct legal entity for your property: 1) What type of property will you be purchasing (commercial, multifamily, single family, office space) 2) How long will you hold on to the property (long term, short term value play, etc.) 3) What is the expected annual income for the next several years 4) What is your exit strategy (sale, lease option, seller financing) and 5) What other types of income or investments are you involved in?

The answers to all of the questions above will assist your advisor in determining the optimal tax entity structure for your investment. It is true that an LLC can be a great entity for those investing in this. But there are times when operating your investments in an LLC will result in significantly higher taxes vs. in an S Corp or even a C Corporation. Again, this is not a one size fits all answer so be cautious of advisors who provide you with an answer on the spot. It's almost impossible to provide good advice without understanding everything there is to know about you and your investment plans.

2) Is there a tax benefit from the money I pay for educational seminars? This is a question that I received from a lot you who called into our office. The answer is DEFINITELY YES. Not only is money paid for educational seminars deductible on your tax return, but the related travel, lodging, and meal expenses may all be deductible expenses necessary to conduct your investing business. Some of you may have heard of a little pitfall when it comes to deducting certain expenses as "start-up" costs. Essentially, the IRS indicates that the expenses you incur prior to the start of your business (investing or otherwise), cannot be fully deducted immediately in the year it is incurred. Rather, it must be capitalized and amortized (similar to depreciation) over 15 years. The break that we get as taxpayers, is the first $5,000 of the "start-up expenses we incur can be deducted in full. So what if you spent $20,000 in educational expenses this year? Well, in order to take that deduction in full, you need to make sure you have "started" your investing business!! If you have spent the money in the classes, what are you waiting for? Get started on your investing business to not only save taxes but also to start making that monthly cash flow!

3) Do I need to get a realtor license to be a "real estate professional" and receive maximum tax benefits from my real estate? First let me briefly talk about the benefit of being a "real estate professional". Generally, for those who qualify as real estate professionals, the real estate tax losses, are unlimited each year and can potentially reduce your overall tax liability down to zero. Alternatively, for people who are not real estate professionals, the amount of tax losses you can take on your tax return may be limited each year.

So the answer to whether a license is needed is NO. This type of professional as defined by the IRS, actually has nothing to do with whether you are a licensed real estate agent or broker in your state. In other words, teachers can be real estate professionals, stay-at-home mom's can be real estate professionals, and accountants can be real estate professionals. Basically, anyone can potentially be a real estate professional. It has nothing to do with your education, professional licenses that you hold, or what type of business you are in. Rather, the IRS determines real estate professional status based on a set of different criteria such as the type of activity you are doing in real estate and the amount of time spent on those activities during the year. So that leaves a lot of room for planning. Again, a realtor's license is not needed to qualify for this benefit.

As you know with regards to real estate investing, it isn't enough just to study about investing. It is in the application of what you learn that puts you on your way to creating the lifestyle you are looking for. This is the same with regards to tax planning as well. The value is in the implementation. A tax saving strategy is only as powerful as your willingness to implement it. As you progress with your investing plans, make sure you implement your tax saving plans as well to keep more of your profit and not overpay the IRS. Happy Investing!

Copyright © 2010 by Amanda Y. Han, CPA

KEYSTONE CPA, INC.

Maximizing Profits & Increasing Wealth

www.keystonecpa.com

*We welcome suggestions for future topics that you would like to hear about tax saving strategies relating to real estate investing. So please email your suggestions to me directly at ahan@keystonecpa.com.

The Chiropractic Approach to Internal Medicine, Indigestion, Infections, and Overall Health

Modern chiropractic medicine was discovered by D.D. Palmer in the late 1800's. The word 'chiropractic,' stems from Greek, meaning, "hand practice," because the physician uses his hands to realign the joints of the body. Chiropractors are basically bone setters that focus on the joints of the spine. Ancient chiropractic was practiced in Egypt, Eastern Europe, and by acupuncturists in China over 5,000 years ago.

The layperson doesn't typically see assymetry in joints unless there is a serious injury or they've been neglected for some time. However, joint problems first manifest when we feel "tight" or "stiff," or realize asymmetrical loss in flexibility. These joint problems or restrictions are called subluxations. In the chiropractic profession, a subluxation represents a joint that fails to move properly. In other words, a subluxation is a "stuck joint." The allopathic definition is much more serious, but it is this, the chiropractic definition, that will be used for the remainder of this article.

Stuck joints cause a variety of problems. First of all, after cells use up the nutrition they receive from the blood, they have waste they discard as lymph. Proper joint movement is essential to "pump" blood and lymphatic fluids back toward the heart. Therefore, a subluxation impedes lymphatic and blood circulation in the area. Nutrition doesn't get into the tissue as easily and waste remains. The local tissue becomes depraved and more toxic.

Secondly, subluxations affect the spinal nerves which enter and exit between every vertebra. Nerve tissue is the most sensitive to trauma and toxic insult. Therefore, a spinal subluxation has a direct influence on the nearby nerve roots. These nerves go to muscle, bone, skin, glands, AND organs like the stomach, bowels, and gonads. This is how subluxations can cause visceral (organ) complaints like heartburn, constipation, and infertility.

When a patient has an infection, the chiropractic physician may adjust vertebra near nerves pertaining to the spleen or thymus. Once the brain can properly communicate with these organs, the body's natural defenses are empowered to fight the invading pathogen. After this conservative approach has been exhausted, should the problem persist, a necessary medical referral may then be given. This avoids unnecessary antibiotics, saving money, and maintaining proper flora.

When joints remain stuck, the forces of gravity and stress accumulate daily, physically and chemically altering the joint until: (1) it physically pinches the spinal nerves, causing tingles, radiating pain, and/or numbness, (2) causes chronic, low grade, un-relenting arthritic pain, or (3) degenerates and collapses. Situations 1 and 3 may require surgery if not given the proper chiropractic treatment.

Chiropractors are trained to safely restore proper movement to stuck joints. This is accomplished by positioning the patient in such a way as to target the specific joint and delivering a fast, shallow thrust. Frequently a crack, crunch, or pop is heard and felt by the patient. Almost immediately, proper circulation and relief follow.

Chiropractic care is extremely safe (as seen by extremely low malpractice insurance rates) and compliments a holistic approach incorporating nutrition, acupuncture, herbs, and homeopathy. Chiropractors do not prescribe pharmaceutical drugs or provide surgical intervention.

Medical doctors (MD, DO) are the best equipped for handling critical care, when big guns like emergency drugs or surgical intervention is required to maintain life, limb, etc. When a problem persists and is serious enough, go to the hospital or check with your medical professional. However, why try to kill a mosquito with a cannon? Wouldn't a fly swatter be a better approach for initial presentations such as aches and pains?

Brand Under Fire - Crisis Management for People

Whenever a company experiences crisis, scandal or disaster, it can fire its management team and start all over again. A company can lay responsibility for the crisis on the mighty heads of the fallen. Crisis management can then be structured by the new leadership whose take-charge-of-the-situation attitude and very presence strongly symbolizes that positive change is already taking place. With a change in leadership, the company sends the following message: We are on the mend. Whatever mistakes that have been made in the past are being corrected. The damage has been contained. Mea Culpa.

Managing one person's brand is a more precarious task than it is to manage the brand of a company. If something goes wrong with your own professional brand, you can't fire your management team. And more often than not, you do not have the resources to hire legions of PR teams to do damage control for you.

There are some professionals who have such high profile brands that they can finance strategic PR maneuvers that are as sophisticated and as costly as war. Ask Tiger Woods, Mel Gibson or BP CEO Tony Hayward. Tiger Woods took it in the pants for weeks while the tabloids roiled with revelations of one more mistress to add to his growing litany of dalliances with a small army of starlets. When Tiger finally did make his apology-rather dull news when compared to the tantalizing procession of hot babes-it was anti-climactic. Some PR strategist in the Tiger Woods camp had decided the time had come for Tiger to apologize. The buzz and gossip had run its course. It was time for Tiger to get back to the business of playing golf.

BP Oil must ask itself if it could have saved tons of money if it had credible and sincere leadership in place instead of Tony Hayward, who was clearly ill prepared and ill-suited to do the job. Instead of projecting the integrity and the commitment to solve a problem, Tony Hayward came off as Mr. Fancy Pants, a petulant British schoolboy who pretended to be attacked by a bully when he indeed had taken the first swipe at something as small and as sweet as a baby sea turtle.

In all of his stammering, sniveling and dropping of selfish little bon mots, the question remains: Was Tony Hayward ill advised by his swarm of PR advisors? It is doubtful that Tony Hayward could have gotten so much bad advice, not with the millions of dollars being spent to prop him up and to make him look good before the cameras of a global audience. It is entirely plausible that the innate material itself was seriously flawed-even with the best PR coaching in the world, Tony Hayward just wasn't good enough to rise to an occasion that called for serious leadership.

Every company should assess when hiring a CEO if he has the talent and experience to manage any sort of crisis that could occur. A risk management program should be in place as a tool to evaluate whether a CEO will be able to exhibit the strong leadership that is needed should its brand happen to come under fire. If a company needs to have a risk management plan in place, then so should you. After all if something does go wrong with your professional brand, you can't hire a new CEO.

Despite the failure of BP's leadership, its PR strategy was so effective that everyone including the most staunch environmentalists referred to the disaster as an oil spill instead of naming it for the catastrophe that it really was-an outright volcanic gusher of oil. When you think about it, a spill comes from a barrel or a ship and it can be contained, but a gushing leak from the ocean's floor demands a different type of raison d'ĂȘtre and response altogether. BP's PR machinery has done a superb job, because here we are, all of us, calling this disaster a spill as if it is the smallest of environmental mishaps, a tiny oil hiccup, a little brown bubble washing out to sea.

A discussion of people who are in need of crisis management and effective PR would not be complete without mentioning the iconic Mel Gibson, to whom the concept of freedom so eloquently featured in his film Braveheart apparently means the ability to bash Gays, Jews and Women with equal hateful fervor. As of late, Mel Gibson has been battling his ex-girlfriend, Russian singer, Oksana Grigorieva, over custody of their 8-month-old baby. She claims he beat her up, which may or may not be true (it's under police investigation), but it is clear that he called her wildly profane and unspeakable names that have been recorded and since widely circulated around the internet.

Even Mel Gibson is going to have a hard time being Mel Gibson. He has a long history of angry and violent outbursts, coupled with numerous bouts of public drunkenness. Still, no matter how heinous his back trail, he is worth a billion dollars and, whenever he chooses to do so, he can fuel a change in how he is perceived. If an oil volcano can be perceived as a spill, then Mel Gibson stands just as great a chance of turning around his brand. Maybe he will go into rehab and start a foundation that rescues Gulf wildlife from the oil so long as he doesn't have an anger problem with dolphins.;)

For the rest of us, i.e., people, we are professionals who do not have the luxury to afford to screw-up like Mel Gibson. Most of us are among the working professionals--we can afford to finance our lifestyles, our business ventures, our families, and our savings & retirement, but we do not have the money to finance strategic PR operations that can undo any damage that is done to our professional brands. PR can be expensive and the most expensive form of PR of all is crisis management and damage control. You can't necessarily Do It Yourself. In fact DIY PR is like pulling a tooth that has already abscessed. It's time to let the experts get to the roots to contain the infection and cut it out.

So if you don't have the money or expertise to fix your broken or sullied reputation, you really do not have the luxury of screwing-up. For most of us, we are working professionals, and we are accountants, lawyers, medical doctors, chefs, educators, designers, scientists or IT specialists, and we really don't have the time or money to get caught up in a juicy scandal.

This isn't an exercise to give you the top three things that you must do when you have been caught with your pants down. Instead my advice is to do everything in your power to prevent your pants from falling down in the first place. You really can't afford to make the type of high profile mistakes made by Tiger Woods or Mel Gibson. So don't be stupid. Don't ever assume no one is watching or no one is listening. Today, everyone has a camera embedded in their cell phones and a craven desire to take anyone down a notch in order to experience Shadenfreude, which loosely translated from German is pleasure derived from the misfortune of others. Shadenfreude may be a private feeling, but then there is Open Schadenfreude, which is outright public derision. In the new media world, pleasure derived from the misfortunes of others has become more than a very popular mass movement, Open Shadenfreude is the new Zeitgeist. We just love to make people roll around in the detritus of their own greed, corruption, lust and misguided carnality, but only if they have been caught in the act. We want them to pay the price, not so much for what they did, but we want them to pay the price for getting caught!

So not all of us are stupid. We don't screw-up on purpose. More often than not, we are only human, and humans make mistakes. Some are honest mistakes, some are not. And then in other instances stuff just happens during the normal course of this messy business called life: a high profile divorce where the bickering goes public, a custody battle over minor children, a bad parting of ways in a job, a relationship or with a business partner. Could be an illness or a death in the family business. Could be alcoholism, drug dependencies or a debilitating illness you don't want anyone to know about. Maybe Your child is responsible for a crime or has driven while drunk and gotten into a car wreck. Could be domestic violence or an angry feud among siblings over the distribution of assets in their parents estates. Could be getting stalked by an unwanted lover or even a psycho. Or maybe you are a psycho who is doing the stalking! Could be your former business partner or a competitor flaming your business on the internet. Sometime it can be an out-and-scandal -a hand caught in the till, a tawdry sex affair or a murdered spouse, friend or business associate. Every day things happen to us that are the fodder for crisis management and damage control.

So what course of action should you, a professional, take when your brand is under fire? A tarnished professional brand will undoubtedly have a disastrous impact on your job, your business and your reputation. Usually a professional cannot hire a new management team to restructure his or her professional face to the world in the same way as a company. It is up to you to bear the burden of reinventing yourself. And reinvention of your professional brand is not a small task.

Today's professionals usually lack the knowledge and experience to do damage control. To further compound matters, even the most successful professionals do not have the financial resources to outsource damage control to PR experts who are savvy in the ways of crisis management. The difference between mega watt celebrities and you is a matter of resources and the ability to place the task of repairing their brands in the hands of highly qualified experts who can turn around a brand that has been tarnished or even badly scarred by scandal. As professionals we must be prepared for the inevitable-sooner or later our professional brand will come under fire.

And while you can't hire a PR expert to do your damage control, here is some sound, practical advice. Three principles of crisis management for the professional:

1. Have a solid professional brand. Don't wait until there is a crisis in your life. You must build awareness for who you are and what you do to build your business and to build credibility. Make certain you are very clear about your professional brand and the message you are sending to the world in all of your communication including emails, social media posts, news articles, memos, and in both public and in private conversations. Make sure your brand is solid and that you are perceived as having integrity. If this is not the case, then you need to work on solidifying your brand long before disaster is looming. There is no better time than now to assess who you are as a professional and how to position yourself within your community-of- interest, which is composed of just about everyone you already know. This way if people know who you are and know what you stand for, then, should a crisis occur, they are much more likely to listen to your side of the story. Most important of all, people must build brand equity in their own names and reputations so if a crisis should occur, then you have a reserve bank account-call it goodwill-to draw upon.

2. Apologize. If you've done something wrong, then apologize. For a long time, lawyers would counsel their clients, particularly when liability was at issue, not to apologize and not to tell what really happened. Recent studies have found outcomes to the contrary and that many egregious wrongdoers can find successful outcomes when they tell the truth. Findings indicate even medical doctors who make mistakes that result in malpractice suits have a better outcome if they apologize to their patients. An apology-without giving excuses or blaming someone else- results in less rancor and has an outcome of less money having to be paid out in a settlement. By apologizing, you show respect to another human being who has been harmed. If you deny the wrongdoing and make excuses, the victim never has the opportunity to feel as if he is being treated fairly and with dignity and respect. Apologize and explain what went wrong, what you have done to fix it, and why it will never happen this same way again.

3. Keep your apology alive. Make your apology active and ongoing. After the egregious misconduct, you must seek ways that are high profile, visible enough to show how you are sorry for what has happened and everyone can see how you are fixing it. Your redeeming activities should fit the crime. If you've been caught drinking and driving, then join MADD. If you've been caught in a nasty custody battle, then join a support group that helps battered kids who are living on the street. Whatever you choose to do, make certain that your community-of-interest i.e., colleagues, peers and friends know of your new affiliations. Be seen doing the right thing to make up for what you did wrong. You should show this pattern of redemption for as long as it takes to turn around the negative fallout from your own private disaster. Use Social Media in a disciplined way by joining or supporting groups that show clear evidence of your turn around from your wrongdoing or your crisis. Be certain that the group or movement shows integrity and is truly helping to make the world a better place. Most important, consistently show "redeeming" behavior in all of your future conduct.

In terms of keeping the fire doused, always remember, one screw-up is okay, twice you're finished. You're not Mel Gibson and you don't have a billion dollars. Some of us may be able to survive and flourish beyond one scandal, so long as it is not too bad, but rarely can we survive two major scandals, especially if the theme behind the scandal is an ongoing pattern of bad behaving, i.e., you might be forgiven for drinking and driving once, but not twice. Twice and you're finished as a person and a professional.

Other recent examples of professional brands gone wrong include the public marital infidelities of Al Gore and John Edwards. Again, these men are more than business professionals, they are high profile public figures who have spectacular financial resources available to do damage control. Keep in mind that if your egregious misconduct is one love affair, it is a lot easier to do damage control. Ultimately, the world admires and forgives people who give up their worldly status, fortunes, and political ambitions because they have finally found lasting true love. The whole world loves a lover.

I am not here to make moral assessments as to what is right and wrong or to establish the baseline for some of life's most complicated ethical issues. Morality, religion, ethics can all be used as tools by savvy PR professionals to manipulate hearts, minds and purse strings. I do not want to get complex enough to discuss what is right or wrong, or situational ethics such as what is right in one situation and what is not in another.

If you have a strong brand and you don't act stupid, then you may never find your professional brand tarnished or under fire. Realistically though, we are all human, and we do make mistakes. Unless you are a sociopath, in your private moments you must know in your heart of the times that you have screwed-up. You can express gratitude if you have learned your lesson and you have never repeated the mistake. But you can be exceptionally grateful if no one else has ever learned of your screw-up or, worse yet, posted it all over the internet.

The most important piece of advice I can give you is: if you make a mistake, then apologize, show that you learned from the mistake and let your actions tell the world that you will not repeat the same mistake twice. Always keep in mind that you, the professional, cannot do PR like a company or a mega-rich celebrity, but you can conduct beautifully orchestrated damage control if you have, all along, maintained a strong brand. If you have a strong brand you will be able to deliver a strong apology, which will be well received and you will appear to be credible. A strong brand will live beyond a mishap, a scandal or a disaster, and over time recover, rebound and even flourish. After all, as professionals, we are still people, we are human, we do make mistakes and we do recover from these mistakes. Ultimately, in the end, how well you respond to your own mistake is more important and more telling about your brand and your character than the mistake itself.

Nursing Liability Insurance

Nursing liability insurance is simply malpractice protection. Some employers offer this type of insurance to their nurses, but there are a number of nurses that choose to purchase their own liability insurance for their own protection.

While some employers offer nursing liability insurance, the policies under it may still be limited. For instance, they may not be able to cover private-duty activities and off-duty incidents. In other cases, the insurance may also not take effect once the nurse transfers to another hospital, even if he or she is still involved in a case that concerns an activity made for his or her past employer. All these things make nurses susceptible to lawsuits and this is the reason why several nurses choose to invest in their own nursing liability insurance.

Nursing liability insurance typically offers claims that may amount to as much as a million dollars. Aside from this, there are also other components that make such insurances attractive. The first is personal protection. This insures the owner of liability damages that may result from work outside his or her employer's premises. There is also personal injury protection that safeguards the owner from charges relating to slander, libel, and assault arising from the practice of the nursing profession.

Medical payments are also being offered for work-related injuries that occur in the clinic or household of the owner. Such reimbursements may amount to as much as two thousand dollars per person.

Other services are being offered together with nursing liability insurances. First, the insurance is effective on a 24 x 7 basis. This means that the owner is protected even after work hours. Legal representation is also available whenever the situation calls for such. For nurses who travel abroad, some nursing liability insurances also offer worldwide coverage.

Discounts are also given to certain groups of individuals. Student nurses may be given a discount of as much as $30 a year. Those who are new graduates may also be given a certain discount percentage. Other discount groups are retirees who still have valid licenses with them and nurses who took risk management courses.

Don't Shoot the Messenger! Postpartum Depression and Antidepressants

A while back everyone was angry at Tom Cruise because they didn't like what he had to say about the issue of Brooke Shields, postpartum depression and antidepressants. But just because you didn't like what he said didn't mean he was wrong.

First of all, postpartum depression is a hormone imbalance not an antidepressant deficiency. This means it should be treated with hormones, not antidepressants. Many women are being misled into thinking they have a psychiatric problem when it is actually a hormone imbalance that can be treated with natural, bio-identical hormones.

One young, new mother complained of feeling depressed soon after the birth of her first child. A simple hormone test indicated she was low in the hormone, progesterone. After only two days of treatment with bio-identical progesterone, she reported feeling 100% better. Women should not be subjected to prescription antidepressants that come with the risk of serious side effects such as suicidal tendencies and heart problems when their problem is hormonal. Brooke Shields even reported that she wanted to drive her car, with her baby inside, into a wall when she tried to come off the antidepressant she was taking.

Second, Tom Cruise implied that she should exercise and take nutrients. He wasn't wrong there either. A study conducted by the Public Health Institute in Berkeley, California found a direct correlation between increased exercise and a decrease risk in being depressed or becoming depressed. Another study by the Department of Psychiatry and Behavioral Sciences at Duke University reported that after depressed patients who exercised had a significant lower relapse than those who were treated with medication.

According to Organic Psychiatry, depletion of potassium, calcium, magnesium, vitamin C or zinc can be the actual cause of depressed symptoms and that "The most marked manifestations of magnesium deficiency were depression..."

I am a physician who has seen too many women diagnosed with postpartum depression and just plain old depression without receiving an adequate medical work-up.

Another woman came to see me because she was very ill with many different symptoms, from arthritis to double vision. She had been to many specialists. None could figure out why she had all of these symptoms. She had been taking an antidepressant for seven years, through a pregnancy and through nursing her baby. Every one of her symptoms was a side effect of the antidepressant she was taking but not a single specialist figured that out even though she told each one she was taking the antidepressant.

Once she slowly stopped the antidepressant (no one should stop these drugs abruptly), all of her symptoms went away. And the depression she supposedly had, wasn't depression at all. It turned out to by hypothyroidism, yet not a single doctor had even performed a simple blood test to find the cause of her depressed symptoms.

The antidepressants currently used most frequently in the United States are the Selective Serotonin Reuptake Inhibitors (SSRI) such as Prozac, Zoloft, Luvox and many others. I have found in my patients that taking these SSRI antidepressants actually deplete the serotonin in the body, not increase it. The patients I have seen on these drugs felt better initially but felt worse in the long term and had difficulty stopping the drugs without significant side effects.

In addition to hormone deficiencies, there are many true causes of feeling depressed. Some of theses are hypothyroidism, nutritional deficiencies, allergies and prescription drug side effects. The Psychiatry Diagnostic and Statistical Manual (DSM) states, "By definition, a Major Depressive Episode is not due to...the direct physiological effects of a general medical condition (e.g., hypothyroidism)." Even though these statements are in the psychiatrist's manual, unless the doctor does a thorough evaluation of the patient, the doctor will never know that the patient has a medical condition, not a psychiatric one. One psychiatrist announced on national television that "Psychiatrists don't do physicals." If a psychiatrist does not perform a physical exam on a patient or does not perform laboratory tests, there is no way they can find the true cause of the symptoms. Giving someone a psychiatric diagnosis and a prescription for a psychiatric drug without a thorough medical evaluation should be considered malpractice.

Cash Out Structured Settlement

You may have been involved in a bad injury that has left you with the inability to work or do normal things. This may be temporary or permanent and may be getting worse. If you have received settlement in the form of an annuity or monthly payments then keep reading there exists more cash out options. So you or someone close to you is now getting a predetermined monthly payment. The payments set up may have been good at the start, but now you need more cash. There are ways now to get more cash out of a structured settlement. Bills must be paid, your house or living situation must be paid with security of knowing you have a bed to sleep in and roof over your head. There are options and you may be able to get cash out of your settlement. Cash out your structured settlement get started today.

The reason you need money now is likely form the problems related to the past injury. It is not your fault bills can't get paid or expenses are out of your reach related to this event. Consistent work may be hard or not at all. Structured settlement payments may have been from:

* A defective product injury settlement
* Car or vehicle crash injury settlement
* An accident that left you unable to work
* Plane, boat, public transit accident
* Injury at a public place such as a park sidewalk or building
* Chemical burn or dangerous mixture injury
* Premises liability or structure failure
* Medical accident or injury malpractice

If these types of personal injury cases happened to you or someone you know, then you may be able to get more cash out of your structured settlement. If you need more cash for bills you must contact these structured finance payment purchasing companies and start the process. Make sure you speak with an informative agent. Ask them about the laws, size of their company, how long they have been in business, if this is there main business and any other questions. Cash out your structured settlement the right way by law and from the best offer you can get. Remember you will get less than the actual amount of payments you exchange.

The present value of future money is not worth what money is worth today plus risk and inflation of the future. That is fine, don't worry these standards of present value of money related to money in the future is a principle financial concept. You need money now and honest well established finance companies willing to cash out your settlement is the important issue. Make sure your cash out offers are reasonable and fit with present value calculators found on the internet. Make sure you understand the entire process and timeline before going forward. In no time your bills and financial hardships may come to an end. When you cash out your settlement; you will be able to sleep at night and finally get your life back. The transaction to get money for your future payments takes around 1-3 months to be completed on average.

Living Wills: Will Your Living Will Survive You?

A living will is also known as an advance directive, and it is a written document indicating a person's wishes in the event that they are reduced to a vegetative state by some accident or trauma, and whether doctors treating them should go to all efforts necessary to keep them legally living, or to "allow nature to take its course".

Unlike a legal will, courts have not generally recognized the significance of living wills, and the existence of one would not necessarily be legally binding. Most countries in the world have introduced little or no legislation to codify their status for the judiciary. That said, much of what judges and magistrates do is apply the intention of the law to new, unique situations. Therefore, the presence of a living will would factor very heavily in any deliberation by a judge, should your living will be challenged.

One thing a living will cannot do - and this is probably why lawmakers have been reluctant to legislate - is protect a doctor from malpractice, should she be put into a position where she has to decide between attempting to treat a patient who may recover, and obeying the wishes you expressed in your living will.

Of course, there are always circumstances and events which we could never foresee, particularly where death is concerned. Where someone like a community spouse or family member has doubts about whether you would make the same decision now, knowing all the facts, they have grounds to challenge the contents of a living will in a court. If they were able to produce a compelling explanation, they would have a good chance of convincing most courts.

Since there is no legal specification for living wills, there are no official government or municipality forms to pay for and fill out. You might notice, however, that many law firms give free living will forms out on their websites. Such firms have usually just drawn up a fairly standard written declaration that expresses your intentions should any of a number of possible things render you unable to make or express a decision at the time. Most of the living will forms offered at no charge are as robust a legal document as an advance directive can be.

Living will forms have a fairly similar structure addressing a number of key areas: Choice of whether or not to prolong life; whether painkillers should be administered as needed regardless of the chances that this will reduce or end the life of the patient; contact details of your personal doctor; whether you wish to donate organs, which ones, and for what reasons; and finally a declaration that it is your wish and right to refuse medical treatment, and that you have an informed idea of what this means. Usually a living will form includes areas for witnesses and an advising physician to sign the document alongside yours.

Unfortunately, no matter how shrewd a legal document you are able to craft, the advance directives issued in living wills are legally powerless. Ethicists grapple with the extra complications that the instructions of a living will introduce, while most lawmakers dare not tread near the issue.

At the end of the day, if there's a conflict between the informed advice of the doctor, the wishes of the family, and the advance directives of the patient, the outcome will not be satisfactory to all involved.

Do You Really Need Insurance?

Before you consider going all cowgirl, and doing without insurance, think about what you're doing for a second. Insurance is a risk, just like starting a business. We'd all like to believe that things will go perfectly, without a hitch. But those of us who have lived for longer than a year or so realize that this is, at best, wishful thinking.

Home-based and virtual assistant businesses are great for carving out time for yourself and your family. They can give you an unprecedented amount of freedom and flexibility. But having one also means that you have to assume a lot of the responsibilities you may have previously foisted off onto a boss, a company, or your various insurance policies.

The first worry many small business owners face, whether they're going to hire employees or not, is health insurance. It's a huge issue in this country, with prices for doctors' visits, medications and procedures assuming almost absurd, and potentially bankrupting, proportions. If you're looking for health insurance, a great place to start is Insurance.com, where you can compare prices on health insurance plans from all the best companies. Let them work for you for a change, right? Their FAQs can answer most of your questions about each policy, but they also have great, specific articles, which give you even more help in making your final decision.

But most health insurance plans don't necessarily come with a dental plan, or even a vision care plan, if that's a worry. DentalPlans.com can provide free quotes online, and it couldn't be easier! If you want a plan for an individual or a family, no worries. If you want to cover a business or group, that's cool, too. Choose from over 30 top-quality national and regional discount dental plans to save yourself and your business lots of dough. And you can add vision care and bonus benefit plans, if your existing health insurance isn't quite cutting it.

The next thing most people find themselves needing is auto insurance. Since business owners (at least those who are incorporated) can write off some or all of their car expenses, if the car is used primarily for business purposes, having a good insurance plan is really important. Insurance Tracker offers side-by-side comparisons, with top-shelf companies bidding for your business. And what I love most of all is that you can add life, home, or even long-term care insurance to your account with a minimum of pointing and clicking. If you work at the home you already own, or are in the process of paying off, you could find the discounts too good to be true by combining your policies!

Next, you'll need some sort of business insurance. Depending on how your business is organized, you could benefit from group health plans, workmen's compensation, liability and E&O (Errors & Omissions) insurance. This last type is especially important if you are dealing with people's personal information. E&O insurance is a kind of professional malpractice insurance, protecting you in the event you inadvertently leave something pertinent out of your work. This can happen if you've forgotten to include an important detail that causes a client a financial hardship, for example, or if your client just believes you have steered them in the wrong direction. Better safe than sorry. Business insurance is a necessity in our litigation-happy society. And since Insurance Tracker offers health to car insurance, along with annuity, business, travel and home plans, you won't be lacking for inspiration. If you're really gung-ho, check out the loans tab, offering deals on mortgage, purchase, home equity, debt consolidation, auto, commercial and student loans. Talk about your one-stop shopping!

Copyright 2006 AssistantGirls.com

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Getting to Know Discount Health Plans

Because periods of crisis loom every now and then, people are constantly looking for ways to save and get higher value for their money. Health insurance plans are now being viewed more meticulously by contentious buyers than before. You should always get the right plan that adequately provides for your primary concerns at a very reasonable price.

About Discount Health Plans

A number of plans give anywhere between 10% to 50% discount on dental and medical services. The health care provider that renders the service has already agreed to be listed and signed a contract with the discount company. The discount company will then provide the benefit of added publicity and presenting a constant flow of traffic to the professional so he or she always has a source of income. The lower percentage agreed upon will be passed on to subscribers of the health insurance plan.

Choosing the Right Discount Health Plan

Getting a discount health plan will most likely have you hold a discount card wherein you can get a variety of services for your money. Out-of-pocket money will move further via a discount plan, regardless of whether you have health insurance or not. You need to watch over the total membership fees for the year, if it is greater than the actual money you have saved in discounts in the same year. The discount plan will then be beneficial to you if the money you get to pay to the discount plan is bigger compared to the money you saved.

Discount health insurance plans are ideal for individuals who may have a hard time getting adequate health insurance policies because of pre-existing conditions. Compared to insurance companies, discount health companies do not need to pay the physician or health care professional any other fee for the services. You may only be required to have not seen a doctor due to any possible or underlying condition for 1 year.

Discount plans may also have a few drawbacks so you have to ensure that there are sufficient health care providers and pharmacies in your area. Make sure that health care providers are competent and trustworthy, since there have been occasions wherein people have become victims of scams and malpractice. There are no agencies that regulate the system and techniques used in discount health plans so very independently the reputation and credibility of the people whom you intend to work with.

More Things to Consider

Discount health plans should always focus on the particular aspects of health and wellness that you are concerned about. Each individual has different concerns with regards to his or her own health which is why your premium or policy should cover your needs adequately.

Consider the drug policy and how much medications you need on a weekly or monthly basis. Look for a coverage that supports medications well if you take a lot. Dental plan should also be checked depending on your needs, whether it is preventive, maintenance or drastic. Vision coverage may also be included in the plans so find out if this can benefit you in exchange for the added cost. There may be some experts who will advise you that a discount plan is not the same as an insurance policy. If you need comprehensive health coverage, you will be better off getting full health insurance.

Herbal Medicine - The Latest Trend in Modern Healing

Herbal medicine has been widely used by our early ancestors to cure common illnesses, treating major health-problems, and as a dietary supplement to maintain proper body functions. Despite the modern technology available in the field of medicine, many health-buffs are utilizing the natural art of healing through the use of plants and herbs.

Introduction To Herbal Medicine

Herbal medicine, or sometimes termed as botanical medicine, uses the curative properties from different specifies of plants and their respective parts, such as flowers, leaves, stems, roots, seeds, and fruits.

Despite the lack of modern medical equipments and tools, our ancestors were able to determine the curative elements found in each type of plant through experimentation. The years of accumulated knowledge on this art greatly contributed to the practice of herbal medicine today.

Also, researchers and medical experts looking into the practice of herbal medicine have discovered that the findings of their ancient counterparts were somewhat accurate in regards to the properties of plants and herbs as a treatment method of known health-problems. Today, medical companies are now incorporating these discoveries into their own products to promote a healthy lifestyle.

Using Herbal Medicine

There are different ways to make use of herbal products and assimilating it into your health program; treatment methods include teas, poultice, ointments, baths, and so on. Whatever the method used, it would be best to consult an herbalist in regards to the proper instructions in using them.

You can make use of processed herbal products from credible medical companies or use them in their raw form. Note, however, that using raw plants and herbs as treatment require careful preparation for it to have a positive effect on our bodies. For starters, you need to carefully wash them thoroughly under running water and make sure that you remove any dirt and other substances that might be harmful to your body.

When cooking plants and herbs, it would be best to make use of non-metallic kitchen utensils to avoid chemicals from being added into your concoction. Earthen ware pots and wooden utensils preferred. You might also want to sundry them to preserve their curative properties and use them later on when needed -- especially for leaves and seeds.

Also, seeds need to be cracked open and ingest only the inner portion to avoid stomach problems. Usually the shells of seeds cannot be broken down by our digestive system, so it's best to remove them before ingesting.

Safety First

Herbal medicines uses 100% natural ingredients from plants and herbs; but this is not reason enough to relax considering the risk involved due to malpractice. Same with synthetic medicines, herbal products can also cause health risk if it is not properly administered to a patient, which might cause nausea, vomiting, diarrhea, and other side-effects.

To avoid any complications, it would be best to consult a doctor or an herbalist on the proper herbal products that will address your health problem, as well as the proper instructions in taking them in. It would be best to answer their questions truthfully during consultation so that they can be accurate with their diagnosis.

http://primeherbal.com -- Herbal Medicine