Ask the legal expert: Can we go after this contractor if the family wants to sue us or regulators want...
By
John Durso
Jul 01, 2021
A contractor did some shoddy work installing flooring that we didn’t catch right away and a patient wound up falling and injuring herself. Can we go after this contractor if the family wants to sue us...
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: 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 about … employees’ social media choices
By
John Durso
Jan 08, 2018
One of our employees has public photos on Facebook where he’s in drag, and a board member complained. How should we tackle employees doing potentially embarrassing things away from work, yet in a...
Ask the Legal Expert about … telemedicine
By
John Durso
Oct 06, 2017
What are your thoughts on the rising attention given to telemedicine? Are we more at risk, using clinicians miles away and viewing resident conditions and records off-site? What precautions or pre-conditions...
Ask the Legal Expert about … 24/7 visitor policies
By
John Durso
Sep 06, 2017
We adopted a 24/7 visitor policy after much encouragement. Unfortunately, we occasionally get disruptive visitors. What can we do to restrict this without receiving complaints?
Ask the legal expert … about developing effective boards
By
John Durso
Oct 01, 2014
How do we make sure members of our board of directors all are pulling their weight (and also acting legally)? It seems like a lot of cronyism can be allowed and some boards get away with virtually no input.
Ask the legal expert … about personal liability insurance
By
John Durso
Jun 01, 2014
Do you think nursing home or CCRC staff members should have their own personal liability insurance?
Reducing readmissions: Physician services enabled by telemedicine in SNFs
By
John Durso
and John Whitman
Nov 04, 2013
When a resident of a skilled nursing facility has an acute event after hours or on weekends, the on-site nurse will generally call the patient’s primary care physician. Over the telephone, the nurse...
Ask the legal expert … about pressure-ulcer product promises
By
John Durso
Aug 01, 2013
What happens if we contract with an alternate pressure-surface vendor that claims we’ll lower our pressure-ulcer rates by using its product, but our incidents actually increase? Can we sue?