AVOIDING LIABILITY BLOG

Covid-19 Return to In-Person

Practitioners have changed the way they practice as a result of the pandemic, which seems to be moderating, and once again, [...]

Are There Limits to a Nurse’s Duty to Advocate for Patients?

In the following case1, an LPN and a charge nurse’s attempted management of a patient centered on their respective duty to protect the [...]

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 [...]

Confidentiality

What duty of confidentiality, if any, does a mental health practitioner have with respect to the use of the information gained during a [...]

Effective Communication Among Team Members Essential in Avoiding Patient Injury or Death

Effective communication among nursing staff and other caregivers on the patient care team have been the subject of several previous [...]

Personal Trainers Take Note: Screening Standards Have Changed

In late 2015, we reminded personal trainers and other fitness professionals of their obligation to screen clients for activity prior to [...]

DISCLOSURES TO PATIENTS AND OTHERS

When mental health practitioners commence professional relationships with patients, there is a requirement to provide or disclose [...]

Real Time Disciplinary Actions Against Registered Nurses for Professional Misconduct

In my October 6, 2017 Bulletin, I reported a case of a nurse whose unprofessional conduct resulted in a lawsuit against her employer.  [...]

Are Monthly Equipment Inspections Sufficient?

In a relatively recent case from Wisconsin, a trial court and then an appeals court were faced with determining whether or not a [...]

Emotional Abuse of Children

There is a belief by some who have examined this issue that there is an underreporting of emotional abuse of children and that this [...]

Was the Nurse Professionally Negligent When Ambulating This Patient?

In accordance with a physician’s order, it is necessary that a patient get out of bed and walk as soon as possible after surgery.  In [...]

Can Fitness Facilities Be Liable for Defective Equipment Injuries?

In a recent and interesting case from New Jersey, an appeals court reviewed a trial court’s decision in a fitness equipment injury [...]

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