AVOIDING LIABILITY BLOG

Child Abuse – Emancipation of Minor, Confidentiality, Privilege

What is the effect, if any, of your state’s emancipation of minor laws on your duty as a mandated reporter of child abuse? The answer [...]

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 [...]

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 [...]

Employment Agreements – Non-Compete Clauses

Counselors and therapists may be employed by any number of business entities (e.g., nonprofit organizations, sole proprietorships, [...]

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 [...]

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, [...]

KEEPING TREATMENT RECORDS – HOW MUCH?

From an ethical and legal point of view, a mental health practitioner should keep that amount of records that is consistent with sound [...]

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 [...]

Fitness Standard of Care

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

HELPING THE CLIENT IN TOUGH ECONOMIC TIMES?

The issues that are discussed in this article are not new, nor are they limited to occurring in the current economic condition existing [...]

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 [...]

Got Energy?

Running on empty? Feeling exhausted? Or finding yourself hitting that 3p.m. energy slump that makes you want to fall asleep in your [...]

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