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Legal Speak

The Protection of Others
February 26, 2013 8:07 AM by Tony DeWitt
It is black letter law in most jurisdictions that a hospital or SNF has a duty to protect its vulnerable patients from the criminal acts of third persons to the extent that's possible. Facilities must take reasonable security measures to protect residents Read More...
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The Federal Budget and You
August 17, 2011 10:36 AM by Tony DeWitt
If, like most of us, you watched the rather infantile game of "chicken" play out on the national media last week, you are relieved to know that the nation will not default on its debt, or if it does, it won't do so this week. While that is good in many Read More...
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The Saturday Night Massacre
August 10, 2011 12:04 PM by Tony DeWitt
The term "Saturday Night Massacre" was used by political commentators during the Watergate era to refer to the dismissal, by President Nixon, of Archibal Cox and the resignations of Attorney General Elliott Richardson and Deputy Attorney General William Read More...
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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...
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The Ostrich Syndrome
July 14, 2011 1:34 PM by Tony DeWitt
For many years before I was a lawyer, I was an ostrich. Okay, I know that sounds crazy, but let me explain. I was married and wanted to make my wife and family happy, and so I often said yes when I should have said no. And the credit cards came out, and Read More...
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Observations on the Casey Anthony Trial
July 7, 2011 3:06 PM by Tony DeWitt
Most of my blog posts deal with health care issues. Not this one. This is for the readers who wonder what's gone wrong with our justice system. Every health care practitioner is repulsed a bit at the idea of child abuse. It's the same way with elder abuse Read More...
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Don't Laugh At Me
July 1, 2011 8:25 AM by Tony DeWitt
Every health care worker tends to have a gallows sense of humor. It comes from the nearly constant exposure to pain, suffering, death and dying. Without an ability to laugh at the bad things that happen every day, no health care worker could long remain Read More...
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Hell Hath No Fury
June 23, 2011 12:31 PM by Tony DeWitt
Recently I was asked to represent a young man who had a rather severe health problem. As part of a hospital admission, he gave his full and accurate medical history to the medical resident. In that process he disclosed to that medical resident that which Read More...
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Not Just Another Resident
June 9, 2011 10:37 AM by Tony DeWitt
The guy in bed 215-A seems a little different than the other residents. He doesn't participate in activities. He seems withdrawn. He is distrustful of other residents. He does not like to sleep with his door closed, saying it brings back bad memories. Read More...
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Comparison Shopping
May 26, 2011 10:04 AM by Tony DeWitt
Medicare and CMS sponsor the Nursing Home Compare website where consumers can theoretically find statistical information about how well a nursing home meets quality measures. Facilities can be located by name or by zip code, and then compared on a series Read More...
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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...
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The Good, The Bad and The Ugly
April 19, 2011 3:49 PM by Tony DeWitt
No one likes to poke more fun at lawyers and lawyering than I do. From time to time I do continuing legal education for lawyers where I point out the dumbest lawyers in America - lawyers who have been sanctioned by their bar for ethical violations that Read More...
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Beware of Contractors
March 31, 2011 10:45 AM by Tony DeWitt
From Tennessee comes a cautionary tale for nursing home operators about the perils of contracting with parties who provide services reimbursed by the federal government. Outsourcing and downsizing are sometimes good ways of dealing with not having enough Read More...
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Electrical Hazards
March 25, 2011 2:31 PM by Tony DeWitt
One of the reasons that new parents buy electrical outlet covers is because they know that children are apt to put their fingers in places they should not. The same can be said for demented patients, and recently a New York facility was cited by the state Read More...
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Thou Shalt Not....
March 18, 2011 2:18 PM by Tony DeWitt
In the United States, federal judge have something no other group of federal employees have: life tenure. They cannot be removed from their job without impeachment, and their salary never goes down. Some have said that being a federal judge is the most Read More...
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About this Blog


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