AVOIDING LIABILITY BLOG

Employment Agreements – Non-Compete Clauses

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

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

Do You Know Your ABC’s…?

Do You Know Your ABC’s…? A. Advertising that one has been “in practice for seven years,” when in fact the person has been licensed [...]

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 [...]

Specialized Activity Program Leads to Suit Against Personal Trainer and Gym

In a very recent case from New Jersey, the Plaintiff, a wheelchair bound quadriplegic, attended a personal training program at the [...]

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