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Legal Speak

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...
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...
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 He seems withdrawn.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...
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...
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...
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...
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...
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...
A Thought or Two About Veterans
November 11, 2010 9:44 AM by Tony DeWitt
Although I am a veteran of both the US Air Force and the US Army, I don't consider myself a hero. I never saw action. I never had people shoot at me. I never did anything but the duty I was given. However, my parent's generation certainly did. My father, Read More...
Smoker's Rights?
October 13, 2010 9:05 AM by Tony DeWitt
Last week a client called me up and asked me this question: could he legitimately refuse to hire health care workers because they smoke? His position was that as a health care organization, it was important to hire individuals who share the commitment Read More...
Employee Security Awareness
June 10, 2010 9:43 AM by Tony DeWitt
It is late at night, shortly before 11:00. Nurses who have given report are leaving, and nurses who are running a bit behind are hustling to make it into the facility. A man in a lab coat is carrying a big bunch of boxes; it's a wonder he can see around Read More...
Criminal Law Liability
April 26, 2010 11:32 AM by Tony DeWitt
Recently in Thibadaux, Louisiana the criminal law process worked. It worked because the nursing home in question worked with the state investigators. They turned over records and made their employees available to the investigators. Doing so allowed them Read More...
Holy Cow: I Can't Believe I Stole The Whole Thing!
April 20, 2010 10:01 AM by Tony DeWitt
Have you ever wondered if you went into the wrong side of health care? Nurses and aides working 12 to 14 hour days taking care of the elderly earn their living the old fashioned way. By the sweat of their brow and the ache in their joints at the end of Read More...
Lindsay Lohan and the Law of Defamation
March 15, 2010 10:22 AM by Tony DeWitt
I am one of those people who truly appreciates the art of the television commercial. Among my very favorite are the commercials for E-Trade, a stock trading service, that feature babies in high chairs discussing investing. It's babies. Babies in highchairs. Read More...
Poetic Justice?
December 15, 2009 1:26 PM by Tony DeWitt
Every now and again a case comes along where justice really does triumph in the end. One such case involves the prosecution by the federal government of Arlan and Linda Kaufman of Wichita, Kansas who were convicted in 2006 in federal court for crimes Read More...


About this Blog

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