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Legal Speak

Employment Discrimination Cases
October 23, 2013 3:09 PM by Tony DeWitt
Employment discrimination cases can be broken down into two separate categories. Hostile work environment claims are based on the environment in the workplace. An environment is hostile if the atmosphere created is one that a reasonable employee feels Read More...
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Employee Rights in Layoffs
October 15, 2013 8:59 AM by Tony DeWitt
Carrie was aware the firm was having financial problems, and she knew that other people had been laid off, but was pretty sure of her own job security because she felt like she was "mission essential" to the operations of her employer. When the intercom Read More...
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Getting Fired? Beat Your Boss to the Punch
October 2, 2013 10:51 AM by Tony DeWitt
One of the most frequent questions I get from people when they learn I'm a lawyer is "what do I do if I know I'm going to get fired?" Let me be clear: lawyers are problem solvers. We fix problems after they happen. We rarely are able to stop something Read More...
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Avoiding Employment Litigation by Valuing Employees
September 12, 2013 4:31 PM by Tony DeWitt
One of the things I tell professionals when I speak on risk management is that it is never the medical error or mistake that gets professionals sued. It is always the collateral circumstances surrounding the error and how those circumstances are handled. Read More...
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Which Type of Case Would You Rather Defend?
September 4, 2013 12:15 PM by Tony DeWitt
From Colorado comes a story of a nurse assistant who was accused of raping an elderly resident. There is almost nothing that produces lawsuits quicker than a resident alleging rape in a credible manner. The incident in Colorado is made worse by the fact Read More...
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The Consequence of Unreasonable Verdicts
August 27, 2013 6:42 AM by Tony DeWitt
As a plaintiff's attorney I believe that verdicts in all cases should be reasonable. Unreasonable verdicts tend to inflame the passions of people who do not like lawyers, and who do not want people to ever be able to redress their grievances through the Read More...
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Preventing Lawsuits with Dental Care
August 23, 2013 6:55 PM by Tony DeWitt
Skilled nursing facilities face a number of hurdles in caring for the elderly, not the least of which is the inability to spend a sufficient amount of time providing oral care for residents unable to brush their teeth or maintain their dentures. Numerous Read More...
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Need a Lawyer? Make Sure It’s the Right One
August 20, 2013 7:17 AM by Tony DeWitt
There was a great commercial many years ago by AAMCO, an automotive company, that featured a hapless mechanic saying "let me try boss, I always wanted to fix a transmission." The commercial's spokesperson looked like the kind of guy who couldn't fix a Read More...
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Proof that Corporate Compliance is Still Needed in Health Care
August 15, 2013 2:10 PM by Tony DeWitt
One of the great things about capitalism is that every person has the right to make as much money as they can make, so long as they do not break any laws in the process. Motivational expert Zig Ziglar was fond of saying, "you can have everything in life Read More...
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Who Can Sue?
June 24, 2013 2:47 PM by Tony DeWitt
One of the concepts that lay people have trouble with in terms of the law is the concept of standing. Standing basically means that a person must have a "justiciable interest" in a lawsuit. That means that the decision in the lawsuit must directly affect Read More...
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Worthless Services
June 10, 2013 10:21 AM by Tony DeWitt
Suppose you went to the auto mechanic and he told you that you needed your tires rotated and your oil changed. You wait patiently in the waiting room for 20 minutes and then someone brings you out your keys, takes your money, and sends you on your way. Read More...
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Cleaning House
April 18, 2013 1:32 PM by Tony DeWitt
My wife is a cleaning fanatic. She cleans the way surgeons perform surgery. She has a plan, and she carries it out. She cleans a little something every day. My house is always clean because she is consistently after the little things to keep them from Read More...
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Respecting Resident Privacy
April 10, 2013 9:13 AM by Tony DeWitt
Every day, in nearly every city in the country, healthcare workers routinely violate the HIPAA privacy rules. They do it when they come home and tell stories about what they did at work that day. Some of the stories are just "too good not to tell," and Read More...
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The Public/Private Distinction
April 4, 2013 9:32 AM by Tony DeWitt
Of the care delivered in SNFs, much of it is delivered in non-profit nursing homes operated by charitable organizations including churches and Catholic religious orders. The other non-profit type of nursing home is the public facility funded by taxpayer Read More...
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A Messaging Problem
March 21, 2013 2:00 PM by Tony DeWitt
Time after time in this forum and everywhere I get asked to speak, I spout the golden rule of medical negligence: people don't sue people they like. I also tell people the corollary: If you make people angry, and they don't like you, they have no problem 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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