Ask the legal expert: Can we limit disclosures that breach our privacy policy?
By
John Durso
Sep 01, 2020
We tell our employees that they may not speak to the media about our infection rates (including COVID-19 rates) or other caregiving or sensitive matters. This would include disclosing health information...
Ask the legal expert: What scenarios are providers being sued due to COVID-19?
By
John Durso
Jul 02, 2020
What are the scenarios under which organizations serving seniors are being sued by plaintiffs such as residents, their families, employees or regulatory entities due to COVID-19?
Ask the legal expert: What should organizations that serve seniors do to protect themselves during the...
By
John Durso
Jun 01, 2020
What should organizations that serve seniors do to protect themselves during the pandemic?
Ask the legal expert: Can we stop a local paper from writing about soon-to-be-proven false accusations?
By
John Durso
May 01, 2020
A local newspaper wrote an article about how a disgruntled family member of a recently deceased resident is suing us. Readers may infer poor care from the article. Can we stop the paper from writing these...
Ask the legal expert: What can we do to improve our situation with regard to so-called “granny cams”...
By
John Durso
Apr 01, 2020
What can we do to improve our situation with regard to so-called “granny cams” in residents’ rooms?
Ask the legal expert: What can we do to improve our situations with ‘granny cams’?
By
John Durso
Mar 04, 2020
We are in one of those states that recently passed a new law allowing “granny cams” in residents’ rooms. What can we do to improve our situation with these cameras?
Ask the legal expert: Are we liable if a resident or visitor falls in common areas?
By
John Durso
Feb 02, 2020
Our maintenance crew mops bathrooms and some of our lobby common areas. They post “Caution: wet floor” signs. Are we still liable to a resident or visitor who falls in these areas? Similarly, we clear...
Ask the legal expert: Top reason that facilities are sued and how to avoid such lawsuits?
By
John Durso
Jan 05, 2020
What is the No. 1 reason that facilities providing residential and care services to seniors are sued? How can we avoid such lawsuits?
Ask the legal expert: Are we liable for any penalties or wrongdoing after some resident images appeared...
By
John Durso
Dec 05, 2019
We had a community event, a July 4 ice cream social, on our grounds and the public was invited. A newspaper came and photographed a bunch of stuff, including some residents. Good public relations, right?...
Ask the legal expert: How much harassment is too much, so that we could or should discipline an employee...
By
John Durso
Nov 14, 2019
How much harassment is too much, so that we could or should discipline an employee in a position of power? There are federal and state laws that prohibit discrimination against protected categories, such...