AVOIDING LIABILITY BLOG

No Surprises Act

The policy underlying the No Surprises Act (“NSA”) is to protect consumers from unanticipated and expensive bills for out-of-network [...]

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 [...]

14 Ways To Eat More Fruit And Vegetables

We all know or have heard that eating plenty of fruit and vegetables is important for our health and wellness.  So, why is it such [...]

Potpourri

Advocate – Health care practitioners do not typically think of themselves as advocates for their patients. They are treatment [...]

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 [...]

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 [...]

Conflicts

Mental health practitioners may encounter conflicts, or what is also referred to as “conflicts of interest,” during the course of [...]

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 [...]

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

Confidentiality is the cornerstone of psychotherapy and most patients expect it. Many patients, however, perhaps most, are not aware of [...]

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 [...]

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 [...]

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