AVOIDING LIABILITY BLOG

TERMINATION AND REFERRAL – When Does the Duty to the Patient End?

One aspect of termination and referral that I have not previously written about involves the issue of follow-through after a referral [...]

Nursing Staff’s Failure to Provide Proper Care Causes Patient’s Death

...Mr. Sosa was admitted to the nursing home on June 28th with diagnoses of hypertension, altered mental state, congestive heart [...]

Questions to Ask Before Taking Your Client’s Workout Outdoors

While you can't beat the convenience of the treadmill and elliptical, there's nothing quite like working out in the sunshine. Fitness [...]

SCOPE OF COMPETENCE/SCOPE OF LICENSE

May a licensed marriage and family therapist, psychologist, LCSW, or a licensed professional clinical counselor provide a patient or [...]

What is the Difference Between an Allegation of Professional Negligence VS. Ordinary Negligence?

In past Bulletins, I have focused on the requirement of experts in any case alleging professional negligence.  An expert for the [...]

Are You A Size-Friendly Trainer?

Weight loss is a perfectly acceptable goal of fitness, especially if it’ll improve a person's overall health. As a fitness [...]

HIPAA’s PRIVACY RULE and STATE PRIVACY/CONFIDENTIALITY LAWS – CONFLICTS

Mental health practitioners and health care entities must determine whether or not they are “covered providers” or “covered entities” [...]

Florence Nightingale’s Enduring Influence on Nursing Practice Today

First, I want to wish all of you a Happy-albeit belated-Nurses Week 2018.  My column schedule fell before and after the actual week so [...]

Is My Gym’s Liability Waiver Enough?

As a wellness or fitness professional, protecting your professional practice should be top of mind. Even with regular inspections, [...]

Advocacy – A Caution

Licensed mental health practitioners may sometimes act as advocates (sometimes unwittingly) for their patients (e.g., contesting [...]

Might You or Your Employer Be Liable if a Patient Signs Out Against Medical Advice (AMA)?

One of the recurring questions I have been asked during my years of practicing as a nurse attorney is whether a nurse would be held [...]

Fitness Standard of Care

In recent years the personal training industry has been growing rapidly. According to the National Strength and Conditioning [...]

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