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John Durso

Most recent articles by John Durso

Ask the Legal Expert about … nonprofit status

How can we make sure we keep our nonprofit status intact? What are the most common transgressions (inadvertent or not) which lead to loss of section 501(c) 3 tax exemption status? As you know, there are many benefits from maintaining tax-exempt 501 (c) 3 status. When the IRS receives an application for exemption, it grants…

John Durso, Esq. Nixon Peabody LLP

Ask the Legal Expert about … liability for subcontractors

One of our subcontractors did not follow our falls protocol. The person directed our staff to “let her rest and she will be OK.” The resident was severely injured and her condition was made worse by the delay of treatment and bad medication advice. We received a large fine. Can we seek restitution from the…

John Durso, Esq. Nixon Peabody LLP

Ask the legal expert about … liability in flu cases

We’ve taken reasonable precautions, posted signs, added many hand sanitizers, urged hand washing or mask wearing by visitors, etc., but one of our residents got the flu. Now family members are trying to hold us legally responsible for his sickness and ultimate death. What more could we have done? Do we have anything to worry about?

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