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Legal Speak

Series: Nurse on Trial Part 4
July 16, 2008 3:10 PM by Tony DeWitt
Lawyers are held to a higher standard than most folks. When lawyers sign a pleading they make a representation that the arguments they present and the facts they have pleaded are true or are expected to have evidentiary and legal support. Under Missouri Read More...
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Series: Nurse on Trial, Part 3
July 10, 2008 10:17 AM by Tony DeWitt
"If the Board takes this to trial," I told Mark Neely, "and they win, they are not limited to a public reprimand. They could take your license. But, if you agree to this deal, we get the right to have the Administrative Hearing Commission review the documents Read More...
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Series: Nurse on Trial, Part 2
June 26, 2008 1:22 PM by Tony DeWitt
Most nurses believe that when the Board of Nursing investigates, that nurses conduct the investigation. They believe the people who will judge them have full access to all the facts, act honestly and fairly, and make their decisions on the basis of evidence, Read More...
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Series: Nurse on Trial, Part 1
June 23, 2008 4:25 PM by Tony DeWitt
On January 22 and 23, 2008, Nurse Mark Neely, RN, a competent, capable, and hardworking critical care nurse in Missouri went on trial for his nursing license. In the next few blog posts I am going to tell you his story, and how the Missouri Board of Nursing Read More...
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Stop Digging!
June 9, 2008 1:24 PM by Tony DeWitt
It is truly unfortunate that the selfless work of thousands of nursing home executives around the country every day goes unnoticed. The administrators who run to the bank for their residents, who arrange special services, and who go the extra mile to Read More...
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What Were They Thinking?
May 15, 2008 10:30 AM by Tony DeWitt
Have you ever looked at a product and thought, "What on earth were they thinking?" While some gadgets like the Pocket Fisherman are just a little nutty, there are others that make me wonder what the inventor's world view is. There is a device that can Read More...
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The Unsung Heroes
April 29, 2008 1:16 PM by Tony DeWitt
This week I would like to take a moment to say hello to some people who do not know me or the local legal professionals where they work. These are the thousands of facility operators, managers, administrators, nurses and clinicians who operate nursing Read More...
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Code of Ethics
April 15, 2008 10:29 AM by Tony DeWitt
One recent trend among trial lawyers is to cross-examine witnesses on the stand with their association's code of ethics. The ANA has a very complete code of ethics, and it is doubtful that many nurses know it as well as they should. The problem with not Read More...
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The Best Hospital in America
April 3, 2008 11:26 AM by Tony DeWitt
In a few weeks Advance for Respiratory Care Practitioners, the magazine that I started off with in 1988, will be celebrating its 20 th year. This made me think back to the times in my life when I was a caregiver and the many different places I worked, Read More...
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Just Sign Off on This...
March 27, 2008 1:21 PM by Tony DeWitt
"Hey, Charlene, I wasted this Valium and forgot to have someone witness it. Sign here will you?" Sound familiar? Something you've done? You know Charlene and she's just the kind of person to forget to get a witness. So you sign it. And then you forget Read More...
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The Technicality
March 20, 2008 1:17 PM by Tony DeWitt
"I just don't understand how someone can be a murderer, and a court can just let them out of jail on a technicality." My friend who made that statement had seen media reports about a young woman whose murder conviction was overturned "on a technicality." Read More...
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Suspicion
March 7, 2008 3:13 PM by Tony DeWitt
Elvis believed that “we can’t go on together, with suspicious minds.” While that might be a great approach to songs and relationships, it is a bad approach to managing anything involving vulnerable senior citizens. Suspicious minds are always an asset! Read More...
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Depositions 201
March 4, 2008 10:58 AM by Tony DeWitt
It is said that “assume” is the only word that makes an “ass” out of “u” and “me.” In a slightly more earthy comment, a drill sergeant of mine suggested that the word was the mother of all mistakes. Regardless of which way you remember it, remember that Read More...
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Depositions 102 - Leading the Witness
February 28, 2008 12:23 PM by Tony DeWitt
ave you ever watched those legal shows and heard the objection "leading question" or "he's leading the witness" Have you wondered just what that means, and why it might be improper? You're not alone. As I recently learned in an administrative hearing, Read More...
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Depositions 101
February 20, 2008 4:39 PM by Tony DeWitt
“Are you nurse Corgan?” “Yes I am. “Here, you’ve been served.” Across the country every day this happens to nurses who are witnesses in medical or personal injury lawsuits. Sometimes the lawyers just want to know how bad a person’s injuries were. Other Read More...
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