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Legal Speak

Building Trust
August 4, 2011 9:53 AM by Tony DeWitt
Those of us who are old enough to remember Ronald Reagan, perhaps the greatest president of the 20 th Century (and this comes from the mouth of a liberal Democrat, mind you) remember that when it came to dealing with the Russians, he wasn't taking anyone's Read More...
Failure to Supervise
May 11, 2011 9:56 AM by Tony DeWitt
From Seattle comes a cautionary tale of why it is necessary to take swift action when any allegation of a sexual nature is lodged against an employee. Richard Garcia, a respiratory therapist, was charged with sexual abuse of a patient and pleaded guilty, Read More...
Not Feeling the Love
March 4, 2011 1:12 PM by Tony DeWitt
If you've flown in the last few years, you've seen this traveler. He is irate. His plane was late. He needs to be in Philadelphia (or Boston, or Tupelo...) tomorrow. He doesn't want excuses, he wants answers. And he doesn't know how to keep his voice Read More...
Negligence Per se
February 18, 2011 10:28 AM by Tony DeWitt
Lawyers, at least in most states, are not allowed to advertise that they are "specialists" in any particular area of the law. They can say, however, that they limit their practice to a particular type of law. Wilkes & McHugh, P.A. is a law firm in Read More...
Can You Handle the Truth?
February 10, 2011 3:46 PM by Tony DeWitt
Jack Nicholson's famous line in A Few Good Men, "You can't handle the truth," is often what I think of when I read reports about delays in reporting patient incidents to state agencies. Recently, in Minnesota , a nurse's aide sexually assaulted a patient, Read More...
The Warm Body Phenomenon
February 3, 2011 11:04 AM by Tony DeWitt
In the military there is an aphorism that suggests that when you are up to your neck in alligators, it is hard to remember that your objective is to drain the swamp. It's a way of saying that sometimes the day-to-day hassles keep us from realizing our Read More...
Taking Care of the Young
January 21, 2011 9:37 AM by Tony DeWitt
About one out of every seven people in nursing homes in the United States are less than 65 years old . That number has risen 22 percent in the last few years and accounts for about 15% of all nursing home residents. The reasons for this vary, from poor Read More...
No Third Chances
December 22, 2010 11:08 AM by Tony DeWitt
I am dumbfounded by the Kansas State Board of Nursing. Media reports indicate that a 55 year old Kansas nurse is charged in a 10 count indictment with tampering with a consumer product and adulteration of drugs. She supposedly diluted morphine solutions Read More...
Protecting Residents From Each Other
December 9, 2010 11:42 AM by Tony DeWitt
I know that sometimes I must sound like a broken record, but an incident in a Vermont nursing facility underscores why it is so important for nursing personnel to actively manage patient interactions. In Bennington, Vermont an 84-year-old woman suffering Read More...
Dr. Alvarez's Deal
November 23, 2010 8:43 AM by Tony DeWitt
The $9.13 Solution Suppose someone offered you this deal: You go to jail for thirty years in a federal prison, and we'll pay you X amount. How large would X have to be? In a federal prison you are told when to get up, when to go to bed, and what to eat. Read More...
Ways to Stop Foreclosures
November 18, 2010 12:29 PM by Tony DeWitt
A foreclosure, or the repossession of a home under a deed of trust, is a complex legal process. Until the past few years, foreclosures were rare. In most cases foreclosure is the last step a bank takes, and the last it wants to take when a borrower simply Read More...
Under New Management
October 29, 2010 9:31 AM by Tony DeWitt
Oh Mandy Well you came and you gave without taking, But I sent you away, Oh Mandy... In Barry Manilow's famous song he laments a lost love. The folks in Courtland Virginia , however, are lamenting Mandy for a different reason. Instead of giving without Read More...
A $700,000 Mistake?
October 21, 2010 9:39 AM by Tony DeWitt
If you're in management, you most likely don't like unions. If you're a union member, you most likely don't think too highly of management. But irrespective of what side of the line you find yourself on, the bottom line is that unions and union contracts Read More...
Scam Alert: Debt Renegotiation Companies
October 7, 2010 10:57 AM by Tony DeWitt
In England at around the time of the American Revolution, a person who fell behind and could not pay his debts was placed in debtor's prison. It was the lender's ultimate remedy: pay up or go to jail. American law replaced the concept of the debtor's Read More...
Blowing the Whistle on the Way to Jail
February 18, 2010 10:30 AM by Tony DeWitt
As an attorney for health care practitioners in a variety of settings, I've been privy to a number of them blowing the whistle on everything from bad medical care to wage and hour violations. Even though the law should protect an employee from retaliation Read More...


About this Blog

    A.L. "Tony" DeWitt, RRT, CRT, JD, FAARC
    Occupation: Attorney
    Setting: Jefferson City, Mo.
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