Tag Archives: Business Ethics

United States Army Disabled Veteran, Sergeant Kericia E. Smith Faces Third Heartbreaking Trauma of Her Life

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img_1132Many people, born and raised in the United States from an early age adhere to and are taught to pledge our allegiance to the flag, and ultimately our allegiance to America –the red, white and blue, that is, the bloodshed, or the honor and purity of white and of an unstained message; and, a color that results in the blue as like streaming tears that come, however, despite that scripture tell us to love our neighbors.

Our neighbors as those who reside here with us under God. One Nation undivided, in liberty and justice for all. Hence, it is a must that we all consider to look at this message with the question of how does it happen that bad things are a reality in a country so great as this?

How, is it the case, that my country does not have my back, or that, those who live here do not have my best interest and the interest of my family; or the interests of my neighbor at heart? How–can one still love their neighbor, or more specifically, how can my neighbor love me after this, that is, the trauma of the American Dream; and, we ask how does this massacre of U.S. citizenry happen?

Embracing Me as Her Journalist

Sergeant Kericia E. Smith said, “I think you should tell them why you decided to write this story,” and after thinking about it, or rather, after her prompting I have agreed to tell you her story sprinkled with my voice (together we will speak) so that those still asleep abiding in the American Dream can wake up to the travesties of life happening while you are sleeping? I accepted this story without too many reservations, because firstly as Americans we forget that to give does not come in the form of money only, especially when someone faces hardship reaching deep into their heart and soul. I have a heart and to believers, the scriptures tell us “Do not worry…”. Scriptures also tell us that we are to ‘bear one another’s burdens’.

Secondly, I have been trained well to understand that as a journalist I am called to be the proverbial ‘watchdog’ of the government and not only the government but those who connect with it to utilize law, and along with this understanding I see that the more professional journalists (some seemingly) care more about their bosses than a common cause among the people; however, I have no boss except the Most Highest God of this universe. Hence, the excuse is taken away of what will I eat or what I will wear.

Also, in this stance I as a writer, a mother, wife, grandmother and citizen take the pledge to uplift my neighbor in whichever way I can in honesty and fair dealing and I know that this is the Way, and, I believe scripture is true that He will provide. As a reward, I have been trained to help Sergeant Kericia E. Smith through this circumstance. In any case, I am more grateful in this instance that the Most High chose me to serve her. As a result, Sergeant Smith has created a new phrase calling me her ‘freestyle journalist’. It’s catchy would you agree?

We need you to look at this, and notably, this story is for anyone facing the trauma of inadequate care of yourself or a loved one in a hospital and or health care environment, and this message is also helpful for workers who see such horrendous events take place.

The Call for Help

I received a voicemail from Sergeant Kericia E. Smith, founder and CEO of the Association of Veteran Women, Incorporated [AOVW, Inc.] who (in short) explained that she needed a storyteller. Telling me, she was having some troubles, or rather, that she is having a few heartbreaking moments she wanted me to take a look at.

So I do not need to tell you how excited I was and unprepared for even this one. Subsequently, I learned she is named after her best friend pronounced [Ker (ee) sha], and they also share a birth month.

Sergeant Smith is an advocate for all women, but mainly for those women who have risked their life serving their country in the Armed Forces. Ultimately, a voice that until now has gone unheard, and, she is a miracle because I believe she is a groundbreaker and a trend setter for many who have lost hope. Hence, she fits the profile of a fighter, and she does not look like what she has been through. Thus, as divine connections happen she and I have worked diligently and have crafted a story that is beneficial for the public to know. However, before I move on, it is important that you know that Kericia initially called several journalists’, major newspapers and magazines to tell her story, but decidedly they were uninterested because there was no response. Kericia says, that someone told her to search out freelance journalists and she found my website The Dailey Grind where my motto is ‘Reporting what the news won’t.’  She told me, that she prayed and left a message, and I am the only one to respond to help her.

Therefore, I tell you Kericia this is it—the time is now and that God has prepared you for such a time as this! In the words of Ms. Shirley Chisolm, Kericia has decided that she is “Unbought and Unbossed!”  Essentially, she says “My misery has become my ministry!” I agree.

My Best Friend Died

I am Sergeant Kericia E. Smith. I am a disabled veteran diagnosed with Post Traumatic Stress Disorder [PTSD], a trauma I acquired while on active duty. I was also my best friend’s primary caregiver, and is the reason why I want to tell you the story about my best friend who was admitted into Arlington Memorial Hospital for dehydration and a urinary tract infection, and who was later admitted to Kindred Rehabilitation Hospital for a bedsore. Moreover, in the process of admitting my best friend I was given admission papers to sign, but now in retrospect suspect there may have been a  Mandatory Binding Arbitration Clause. Nevertheless, I was never given a copy of any document I signed. However, in that case, what I do know is that my best friend was un-necessarily medicated to the point of a medically induced coma. As a result, they did not feed him, but without authorization inserted a feeding tube, gave him steroids and two blood thinners; along with, another drug that also causes bleeding.

In short, on May 16, 2016 at about 10:30 a.m., I walked into my best friend’s room and found him

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Custom Casket Spray

bleeding out severely, and all day long I begged the doctors and medical staff at Kindred Rehabilitation Hospital to transfer him to Arlington Memorial Hospital Emergency Room which is right across the street—they refused. Consequently, around 8:30 p.m., my best friend who was my father was unresponsive, and to my dismay there was no defibrillator available for them to attempt life-saving measures. Hence, my beloved father, a Medicare/Medicaid patient bleed-out and died.

To date, I have not been able to obtain my father’s death certificate because Kindred Rehabilitation Hospital has not filed or recorded it with the City of Arlington, or, Texas Department of Vital Statistics. I would also like to mention that Kloe my service dog was God sent and has done an outstanding job and has been a tremendous help throughout this ordeal—she saved me.

Please note, that if I had not fed my father and inserted a feeding tube, given him steroids, and if I had given two blood thinners; along with, another drug that causes bleeding and allowed him to bleed to death I would be in jail.  Needless to say, I am re-traumatized all over again, because (as mentioned) I was my father’s primary caregiver.  I witnessed my father’s death and it was nothing I could do to help him. Consequently, it is a sad day in America that I served my country since I was 18 years old, and yet, my father had no medical staff including doctors to care enough to let me save my father’s life by answering my pleas to transfer him to the emergency room across the street. I ask how can they continue to receive federal and state funds? These doctors and medical staff took an oath to save lives so how could they just stand by and let my precious beloved father die for no good reason?  

This is not an attack on all medical professionals or providers, and, it is in my personal opinion that there are excellent hospitals, doctors, nurses and other medical staff who give quality care to all their patients. However, at Kindred Rehabilitation Hospital my father did not receive the quality lifesaving treatment that he deserved. [Sergeant Kericia E. Smith, United States Army, and Army Reserve; Disabled Veteran; Face to Face Interview, Thursday, September 15, 2016; 4:30 p.m.].

This is a heartbreaking and touching story. Conversely, as I was writing and recounting her pain it is easy to visualize this scene taking place in the hospital, because for those of us who have lost a parent or both parents we understand grief– but not this way. Moreover, perhaps there is someone who can attest to this type trauma, or, those people who have experienced the trauma firsthand and know the full picture. Hence, here I will recount to highlight some of the facts Sergeant Smith mentioned so that we all will understand better the plight Sergeant Smith and her dad suffered at the hand of medical professionals who take an oath to save the lives of the people they treat.

A Brief Background Check of Kindred Rehabilitation Hospitals

Renamed Kindred Healthcare in 2001–Vencor (1998), was one of the nation’s most prominent healthcare companies, however, the company has a shady and elusive past and is due for a background check if you are considering this source for your loved ones. Kindred Healthcare Corporation is the largest healthcare company in the United States with a net worth of $7 billion (See: Kindred Hospital Annual Reports). Accordingly, Kindred Healthcare works under a plethora of venues, such as, post-acute services; including, transitional hospital care, short-term rehabilitation, skilled nursing, home health, long-term care, assisted living,  nursing facilities, palliative care and hospice.

Here is a breakdown of events:

Frederick D. Smith (October 11, 1937 - May 16, 2016)

Frederick D. Smith (October 11, 1937 – May 16, 2016)

   A Last Word from Sergeant Kericia E. Smith

Vencor/Kindred’s long history of wrongdoing seems to always survive and thrive due to Medicare fraud which only adds insult to injury with the loss of my father.  If these Medicare fraud cases were known to the public then our loved ones would be less likely to be put at risk.  Kindred seems to look at ‘profits over patients,’ and our lives are worthless because Kindred medical staff is reckless with our medical care. Additionally, any other business as unethical and abusive would have gone out of business decades ago, yet, Kindred continues to thrive on recklessly committing Medicare fraud. 

Why has the Department of Justice not been more aggressive at informing the public about Kindred’s record of bad behavior? It is the case, that Kindred decayed decades ago from the inside out, and this should send a stench up our noses because the carcasses of our loved ones are not collateral damage and the loss of life should cry out for justice. Nevertheless, we are told ‘If you see something to say something!’ Consequently, I did see something, and I said something, but they did absolutely nothing! It is absolutely appalling! Kindred Rehabilitation Hospital had NO Defibrillator!

I am Sergeant Kericia E. Smith and I approve this message—over and out!
[Sergeant Kericia E. Smith, Electronic Communication, September 21, 2016; 5:31p.m.].

Related Articles and Additional Resources

Also see:

Please stay tuned for more detailed information concerning Kindred Healthcare facilities the Tort Reform and Medicaid/Medicare Fraud (False Claims Act).

For more information on Association Of Veteran Women, Incorporated call:

Sergeant Kericia E. Smith, (817)461-5116. Or send an email to: aovwinc@aol.com

 

kayla-dailey__picKayla Dailey, is a prolific writer whose aspirations include hope of encouraging those who face trials and difficulties in life through the written word. As a student of the word she writes, Kayla has earned a Bachelor of Arts Degree in Journalism and Mass Communication from Ashford University, and holds, a Master of Arts Degree in Organizational Management with specialty in Public Administration. Mrs. Dailey is an advocate for civic and community building issues, African American liberties, equal employment, and now veterans and their families; as well as, advocacy against domestic violence for women, children, abortion and other issues people face.  

© Copyright 2016. The Dailey Grind. All Rights Reserved.

Business Law and Ethics|Legal Underpinnings of Business Law

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images (5)  Today it is apparent that businesses in the United States have had problems with their owners’ and managers’ practices of being transparent and free from fraudulent activity concerning  dealings with partners, employees and consumers. It is the case, that many people have been harmed because of a business collapse under unethical leadership tactics.

In explanation, of unethical leadership tactics within a company the repercussions of such activities can be detrimental to not only consumers, but investors and employees. In preparedness for these kinds of situations the United States Congress has developed, and passed laws to thwart shady dealing by shady corporations; such as the Dodd-Frank Wall Street Reform and the Consumer Protection Act of 2010; as well as, the Consumer Financial Protection Bureau [CFPB] which for all purposes as noted by Seaquest (2012), “Increased oversight of the financial industry and was a preventative measure to risk taking and deceptive practices in areas such as mortgage lending” [The Regulatory Environment Section; para 1].

Concerning regulating the business environment –standards have been set that would protect both business and consumer. In this article, however, the businesses are deemed small and there is discussion of the Tinker and Taylor’s Home Security Service owners who have taken on certain business titles and by law have specific responsibilities when they breach a contract; such as is found in (a) Sole Proprietorship, (b) General Partnership, (c) Limited Partnership [LP], (d) Corporation [Corp], and (e) Limited Liability Company [LLC].

In business law, both parties enter into a contractual or verbal  agreement which says that Tinker’s Home Security Service install their systems free and monitor them monthly for a standard cost of 48.00 plus applicable sales tax per state allowance. In the first analogy of sole proprietorship Tinker and Taylor’s Home Security Service is being sued. Here are the problems with sole proprietorship as determined by the people at SBA.gov (2014) who state the disadvantages are that they could face sole liability (SBA, 2014) which makes sense since they own the business by and for themselves.

Here are the disadvantages to starting this type of business, but can also suffice to conditions that they could face in court:

  1. Unlimited personal liability. Because there is no legal separation between you and your business, you can be held personally liable for the debts and obligations of the business. [In this case, a suit takes money to defend oneself, that is, in the case of obtaining an attorney].
  2. Hard to raise money. Sole proprietors often face challenges when trying to raise money. [In this case, a sole proprietor’s money is not separated from home and business in the instance of cash flow. In essence, most people who own such businesses could consider this business their sole livelihood so extra money for court fees, unless, the owner sues a customer is out of pocket].
  3. Heavy burden. The flipside of complete control is the burden and pressure it can impose. You alone are ultimately responsible for the successes and failures of your business. [Hence, it is the case that a failure for the business could be a law suit which can impose harm to the business; such as damages paid out] [Disadvantages proprietorship Section] [Emphasis added].

In the case of the General Partnership for Tinker and Taylor’s Home Security Service establishing the business was relatively an easy one there was not application with the state and all was needed was for the partners basically to know how to install the systems, however, since the suit is against them the partners cannot agree to which the suit should attributed. After all they are both owners of the entity and since both own both are responsible. There are risks that can be gathered here, or rather, be taken heed of for future reference. In the article, “Sole Proprietorship and General Partnerships are Risky Business” the pronunciation of the risk stated, “If you are a co-owner of a business, and you have not formally created a corporation, LLC, limited liability partnership, limited partnership, or a limited liability limited partnership, you are operating a general partnership. This means that you have unlimited, personal liability for all of the businesses debts, including the acts of employees. In addition, in a general partnership, you also have unlimited, personal liability for the acts of all of the other owners” [Partnership Liability is a Major Risk Section; para. 1]. Therefore, the risk of being General Partner is provoked in the lawsuit. It is the case, that the acts or non-acts of either are the responsibility of both.

For example, in the initial installation of the alarm Partner 1 damages a wall in the home of the consumer and does a shabby job with the alarm so that he malfunctions often. Partner 2 states that damage to the wall is not his responsibility since he did not do the installation because Partner 1 took the call and the repair to the wall should come from Partner 1 since he started the business. Partner 1 screams that he cannot afford such a hit on his already taxed expenses and so forth. In reality Partner 1 did the damage, but since they are partners the damage belongs to both.

In review of the Limited Partnership [LP], the owners of the Tinker and Taylor’s Home Security Service the lawsuit may be more favorable. In this instance what comes to mind would be a sign to tell consumers that ‘Owners are not responsible for damage resulting from installation’ or something more outstanding to inform the customer that basically they are not paying for it, and for this reasons consumers’ should beware of getting professional help. However, if one knows their neighbor is good at what he does who needs assurance? So here is a good reason for a more acceptable outcome in court, according to Stephanie Morrow (2005), author of the article “LLC or LP: What’s Best for Your Business?”

She wrote:

An LP has one or more general partners and one or more limited partners. The general partners participate in management and have 100% liability for partnership obligations. Limited partners cannot participate in the management and have no liability for partnership obligations beyond their capital contributions, protecting them against personal liability for the partnership’s debts and other obligations. They do, however, receive a share of the profits for their involvement as limited partners. Many partnerships are formed as LPs because the limited liability is attractive to passive investors. It is often easier to market limited partner interests as an investment and general partners can raise money without involving outside investors in the management of the business. Assets are also protected in an LP. Unlike a corporation, which allows a shareholder’s stock to be confiscated in a personal lawsuit, an LP has provisions that protect a partner’s interest from being taken away when that partner is sued personally [What is an LP Company Section; para.1].

In essence, in a limited partnership the implications here are that there is no liability beyond that of their contributions. In other words, shareholders have no say in the functioning of management from day to day. Hence, for the Tinker and Taylor’s Home Security Service their breach of contract lies with the owners, Tinker and Taylor not the members who contribute and neither their investment in the company as stated above. For example, Partner 1 is accused of defrauding the customer in their free installation agreement and receives a bill that ultimately goes unpaid and is now on the customer’s credit is not the fault of the partners who have limited claim to the company but the actual owners.

Tinker and Taylor’s Home Security Service, as a Limited Liability Company [LLC] and a Corporation are similar, in that a Limited Liability Company has some of the same exact features as a Corporation, but the question is would how would a breach of promise affect the LLC, or would the two be affected the same? In an LLC company Morrow (2005) wrote:

An LLC is a hybrid business organization that mixes the best of corporations, partnerships, and sole proprietorships. Each owner (also called a member) of an LLC has limited liability like a stockholder of a corporation. LLCs allow any entity, including individuals, partnerships, trusts, estates, corporations, or other LLCs to be owners. They also offer greater flexibility than corporations—like no limits on the number of members—yet they have the tax advantages of a partnership, such as pass-through taxable income and losses [What is a Limited Liability Company? Section; para.1].

So it is fair to say that as an LLC all members are not privy to lawsuits. In essence, we can see that in larger corporations although managers in smaller entities might be privy to lawsuits not all of the players are included in these, such as breach of contract. However, big corporal giants can be included in class action suits such as discrimination and some class action suits are privy to lawsuits such as overcharges and overbilling; however, one might need to narrow down the identity clause there and go after individuals, because identity is difficult to prove with larger corporations seeing there are many business inside the one entity.

There are several descriptions related to the lawsuit against Tinker and Taylor’s Home Security Service and their different establishments; as well as their approach to the breach of contract  suit which in review of the outcome notes that (a) for sole proprietor there will be loss in consideration to damages, (b) the general partnership has as much responsibility to damages in a law suit even if the blame is caused by an employee whether of acts or none acts of the company both partners are held accountable, (c) for LP the liability is more favorable for the partners in that they are more protected, however, the owners are still held accountable, and (d) LLC and Corporations, as mentioned, are not all privy to lawsuits because not all partners are involved as like investor, or rather silent partners. However, there can still be suits brought against individual companies or those who own them. In essence, the outcome here is that sole proprietorship and general partners is taking on a huge risk.

 

Watch: The Secret to Starting a Small Business Online

 

Sources:

Sole Proprietorship and General Partnerships are Risky Business. Business Owner’s Toolkit.

 Corporation Definition

Choose Your Business Structure.

Seaquist, G. (2012). Business law for managers. San Diego, CA: Bridgepoint Education, Inc.

 What’s Best for Your Business?