Ask the legal expert: What should organizations that serve seniors do to protect themselves during the pandemic?
What should organizations that serve seniors do to protect themselves during the pandemic?
Most recent articles by John Durso
Ask the legal expert: Can we stop a local paper from writing about soon-to-be-proven false accusations?
A local newspaper wrote an article about how a disgruntled family member of a recently deceased resident is suing us. Readers may infer poor care from the article. Can we stop the paper from writing these stories about soon-to-be-proven false accusations?
Ask the legal expert: What can we do to improve our situation with regard to so-called “granny cams” in residents’ rooms?
What can we do to improve our situation with regard to so-called “granny cams” in residents’ rooms?
Ask the legal expert: What can we do to improve our situations with ‘granny cams’?
We are in one of those states that recently passed a new law allowing “granny cams” in residents’ rooms. What can we do to improve our situation with these cameras?
Ask the legal expert: Are we liable if a resident or visitor falls in common areas?
Our maintenance crew mops bathrooms and some of our lobby common areas. They post “Caution: wet floor” signs. Are we still liable to a resident or visitor who falls in these areas? Similarly, we clear snow and ice around our entrances. But do we have liability if we do not remove snow and ice?
Ask the legal expert: Top reason that facilities are sued and how to avoid such lawsuits?
What is the No. 1 reason that facilities providing residential and care services to seniors are sued? How can we avoid such lawsuits?
Ask the legal expert: Are we liable for any penalties or wrongdoing after some resident images appeared in the newspaper?
We had a community event, a July 4 ice cream social, on our grounds and the public was invited. A newspaper came and photographed a bunch of stuff, including some residents. Good public relations, right? Wrong. Now we are being accused of violating residents’ privacy rights since some of their images appeared in the newspaper. Are we liable for any penalties or wrongdoing? Should we have handled this differently?
Ask the legal expert: How much harassment is too much, so that we could or should discipline an employee in a position of power?
How much harassment is too much, so that we could or should discipline an employee in a position of power? There are federal and state laws that prohibit discrimination against protected categories, such as race, religion, national origin, sex, sexual orientation, age, workers who want to form a union, and persons convicted of a crime.…
Ask the legal expert: How can we make sure certain staff aren’t getting overzealous in a quest to keep census high?
We have been accused of admitting residents who do not really need skilled care. As a non-clinician in charge of making sure we are not defrauding the government, how can I/we make sure certain staff are not getting overzealous in a quest to keep census high? Your question raises serious concerns and potential liabilities for…
Ask the Legal Expert
A nurse manager had her laptop stolen. The police found it abandoned within a day. There is no indication that they accessed or used the laptop. Do we have an obligation to notify patients whose records were on the laptop? In 1996, Congress passed the Health Insurance Portability and Accountability Act (HIPAA). It protects the…
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