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: 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: 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...
Ask the legal expert: How can we make sure certain staff aren’t getting overzealous in a quest...
By
John Durso
Oct 18, 2019
We have been accused of admitting residents who do not really need skilled care. As a non-clinician in charge of making sure we are not defrauding the government, how can I/we make sure certain staff are...
Ask the Legal Expert
By
John Durso
Sep 06, 2019
A nurse manager had her laptop stolen. The police found it abandoned within a day. There is no indication that they accessed or used the laptop. Do we have an obligation to notify patients whose records...
Ask The Legal Expert
By
John Durso
Aug 01, 2019
We want to make sure our staff is fully connected by text for scheduling and other updates. Can we make employee use of personal phones a condition of employment? How do we respect privacy issues...
Ask the Legal Expert: Business ramifications from PDPM
By
John Durso
May 01, 2019
Litigation risks will increase under PDPM because the individuals you serve will be more medically complex. Also, many lawyers will monitor the documented care prior to and after PDPM participation. Plaintiffs’...
Ask the Legal Expert: Family has the means, refuses to pay
By
John Durso
Mar 07, 2019
If the family has control over the resident’s assets, then your best approach is to make a claim against the resident’s estate. There are local rules related to when you can file such a claim.
The Legal Expert: What are the legal risks of using ride-sharing services?
By
John Durso
Feb 05, 2019
We are thinking of using Lyft or Uber for our residents. Are there legal issues we should consider?