Legal Advisor

Fired for Refusing a Flu Shot

Fired for Refusing a Flu Shot

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A nurse practitioner sues her former employer after being fired for refusing to get a flu shot.

Alleged HIPAA Violation or Termination for Taking FMLA?

Alleged HIPAA Violation or Termination for Taking FMLA?

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A court must choose whether to accept a hospital's explanation that a nurse was fired for violating HIPAA or let a jury decide whether the hospital's action was merely a pretext for firing the nurse for taking advantage of FMLA.

Could a Tragic Death Following Hospital Discharge Have Been Avoided?

Could a Tragic Death Following Hospital Discharge Have Been Avoided?

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A recently discharge patient dies in a tragic fire, and the hospital and treating clinicians are subsequently named in a lawsuit.

Is Clinician Testimony Allowable in a Sexual Assault Trial?

Is Clinician Testimony Allowable in a Sexual Assault Trial?

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A nurse practitioner working in the safe child center of the outpatient pediatric wing of a regional hospital is called to testify in an abuse case.

HIPAA  Violation Derails NP's Career

HIPAA Violation Derails NP's Career

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A HIPAA violation harms the successful career of a healthcare provider and causes problems for her former and current employers.

A Case of Wrongful Termination?

A Case of Wrongful Termination?

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A clinician quits her job but afterward sues for wrongful termination.

Patient Test Results Never Received

Patient Test Results Never Received

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A clinician fails to follow up after ordering diagnostic tests for a patient.

Liability After a Missed Diagnosis

Liability After a Missed Diagnosis

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A patient dies after a clinician fails to act on signs of a potential case of deep vein thrombosis.

Voiding a Noncompete Clause

Voiding a Noncompete Clause

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A clinician attempts to void a restrictive noncompete clause that she had signed before beginning her current job as an NP.

A Patient Is Mistakenly Told He Is Dying

A Patient Is Mistakenly Told He Is Dying

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A clinician shares a patient's incorrect diagnosis with another government agency.

Sexual Harassment at Work

Sexual Harassment at Work

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A nurse in a VA facility files a complaint against a clinician, which ends with a criminal conviction.

A dosage change over the phone

A dosage change over the phone

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A clinician makes a dosage change for a patient during a telephone call, which leads to a lawsuit.

Clinicians in a contract dispute

Clinicians in a contract dispute

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Two NPs in practice together end up in court after one loses her license.

A patient commits murder

A patient commits murder

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A nurse practitioner is sued by her patient's children after their mother is murdered.

Fired after violating a patient's privacy

Fired after violating a patient's privacy

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A nurse notifies other clinicians that a patient is positive for hepatitis C.

The importance of good notetaking

The importance of good notetaking

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Taking good notes is one of the most important steps a clinician can take to reduce the risk of a lawsuit.

Fired for falling asleep on the job: Our readers weigh in

Fired for falling asleep on the job: Our readers weigh in

Two clinicians offer their opinion on June's Legal Advisor about a female nurse fired for falling asleep while on duty in the hospital.

Birth control leads to a blood clot

Birth control leads to a blood clot

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A patient presents with chest pain 6 weeks after beginning use of a contraceptive device.

Fired for refusing vaccination

Fired for refusing vaccination

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A clinician files a lawsuit against her employer after being fired for refusing Tdap immunization.

A nurse fired for falling asleep on the job

A nurse fired for falling asleep on the job

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After a nurse is fired for falling asleep at her job at a hospital, she claims that it was in retaliation for taking time off under the FMLA.

Lab results never given to a patient

Lab results never given to a patient

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An NP does not inform her patient about his lab results, which showed extensive kidney damage. He collapsed 2 months later.

A suspicious mole

A suspicious mole

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A clinician's failure to follow up on a patient's mole results in a delayed diagnosis of cancer.

When a referral goes wrong

When a referral goes wrong

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A clinician misses a differential diagnosis when she refers a patient to a specialist for rectal bleeding.

The frivolous lawsuit

The frivolous lawsuit

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A healthcare provider is sued when a patient is determined to believe that she has more than a sore throat.

A case of misdiagnosed meningitis

A case of misdiagnosed meningitis

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A student's headaches, lethargy, vomiting, and photophobia are misdiagnosed as migraine.

Chest pain in a woman

Chest pain in a woman

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A woman has a myocardial infarction after her chest symptoms are misdiagnosed as acid reflux.

Outdated vaccine  protocol

Outdated vaccine protocol

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A child deals with the consequences of a lesser vaccine, because a medical practice did not update its immunization policies.

Undiagnosed cellulitis

Undiagnosed cellulitis

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A patient is asked to follow up for care but does not, and severe cellulitis develop

Missed blood test results

Missed blood test results

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A patient's positive hepatitis B results were overlooked for 7 years.

Unchecked MRI results

Unchecked MRI results

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A clinician sends an 18-year-old patient for a same-day MRI but forgets to review the results with the same urgency.

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