AVOIDING LIABILITY BLOG

New Texas Abortion Statute

On September 1st, 2021 Texas Senate Bill No. 8, known as the Texas Heartbeat Act, became law.  Its intention was to severely limit a [...]

Mandatory Reporting of Child Abuse and/or Neglect: A Liability Concern?

As you are hopefully aware, nurses are among the health care providers who are required to report a good faith belief or suspicion that [...]

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 [...]

Treating Children

Licensed mental health practitioners treat children both with and without the consent of one or both parents. It is not uncommon for [...]

Nurse Questions Judge’s Decision That She Had The Intent To Defraud Medicare

I have not reported many cases of criminal liability of nurses in past Bulletins. The following case involving criminal convictions 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 [...]

Conflicts – Treating Multiple Members of a Family

Many mental health practitioners treat more than one member of a family, either concurrently or consecutively. This occurs most [...]

Resort to Court System an Option When Board of Nursing Decision is Problematic

Denise Campbell, LPN, worked at a Florida assisted living facility.  When one of the facility’s resident was found unresponsive in the [...]

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 [...]

FEES / COVID-19

Are there circumstances that may arise when a patient falls behind in the payment of fees for professional services rendered and the [...]

Nursing Documentation Key to Avoidance of Liability

You have probably heard ad nauseaum that good documentation of nursing care is essential for many reasons, one being avoiding potential [...]

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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