AVOIDING LIABILITY BLOG

Supervisor Vulnerability

Avoiding Liability Bulletin – February 2019 The discussion that follows …

Causation an Essential Element of Professional Negligence Suit

You may recall from previous Bulletins that there are four essential elements of professional negligence that must be proven by the [...]

Club Member’s Claims of Willful and Wanton Conduct to Proceed Against Personal Trainer and Health Club

As we have recommended several time in this column, pre-activity waivers of liability often protect fitness professionals and fitness [...]

Business Income and Extra Expense Coverage

CPH malpractice policy holders have the option to add Business Income and Extra Expense Coverage if they also add CPH TOP coverage [...]

When It Comes To Patient Safety, Don’t Overlook The Basics

Patient safety is a never-ending legal obligation for you, regardless of your role in the delivery of patient care. One aspect of [...]

Exercise Equipment Injuries and Claims and Suits – Defending against Litigation

As we have pointed out in various articles in this column, exercise equipment use by fitness facility clients can lead to injury and [...]

Confidentiality – Seeking Patient Referrals via Social Media

...Practitioners must always be aware of the duty of confidentiality and must be certain that they are not revealing enough information [...]

Nursing Assistant’s Conduct Found To Be Criminal

Nurse Assistants are often utilized in health care facilities, especially in long-term care.  Most often, they are a valuable member of [...]

Physical Fitness Facilitates Recovery

When someone is recovering from a drug or alcohol addiction, it’s important that they replace unhealthy attitudes and routines with new [...]

When and Why Should I Report a Claim or Subpoena?

Your duty as an insured is to report a subpoena, claim or potential claim as soon as it comes to your attention. This is in your best [...]

Nursing Staff’s Professional Negligence Causes Death of Patient

Lloyd Thomas, seventy-one, underwent bypass surgery and was hospitalized for eighty-four days after the surgery due to complications.  [...]

Running Treadmill Leads to Serious Injury and Suit – Waiver Does Not Protect the Club

In a very recent and interesting case from New Jersey,[1] the plaintiff was injured while using a treadmill.  The court set forth the [...]

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