Ask the Legal Expert about … disclosure of resident information
By
John Durso
Aug 06, 2016
I trusted my software vendor but wound up having some resident personal information made available to the public. If a resident pursues a claim against us, can we seek damages from the vendor? What is...
Ask the legal expert … about antipsychotic medication liability
By
John Durso
Dec 01, 2013
I’m an administrator who’s read all of this stuff about overuse of antipsychotics on long-term care residents. I like and trust my director of nursing, medical director and clinical staff —...
Ask the legal expert … about mandating flu shots
By
John Durso
May 01, 2013
We’ve decided that next flu season we’re going to mandate our staff members get flu shots. Are we on firm legal ground?
Ask the legal expert … about surveyor citations
By
John Durso
Jun 05, 2015
One of the first opportunities for a facility to refute surveyor citations or deficiencies and have the survey agency remove them is the Informal Dispute Resolution (“IDR”) process or, when...
Ask the legal expert … how to deal with someone leaking information
By
John Durso
Mar 02, 2013
Someone leaked sensitive patient information to the press after we had a recent fire here. What steps can/should we take to investigate or determine who the leak was?
Ask the legal expert: Are pregnant employees covered under the Americans With Disabilities Act?
By
John Durso
Aug 01, 2012
Pregnancy alone is not considered a disability under the Americans With Disabilities Act. Only conditions that are the result of a physiological disorder are “impairments” under the ADA.
Ask The Legal Expert: Should facilities sue low-performing foodservice suppliers?
By
John Durso
Jun 05, 2012
We have an outside food management company and lately, frankly, they’ve done a lousy job. We’re thinking about suing them — good idea or bad idea? What if a resident suspects food poisoning?
Ask the Legal Expert about… EEOC lawsuits
Dec 04, 2015
We fired a CNA for poor work habits. Period. Now, however, she’s suing and claiming discrimination because some coworkers apparently made a few wisecracks about her and her religion. We fear an EEOC...
Ask the legal expert: non-compete clauses in long-term care employee contracts
Aug 01, 2009
John Durso, Esq. Ungaretti & Harris LLP
Ask the legal expert: How will the legal system handle healthcare reform lawsuits?