Legal Developments

Legal Developments

11/1/2006
By Clark R. Hudson Not infrequently doctors are faced with situations where a patient has experienced an adverse outcome or event. How should the doctor approach this situation? Is saying “I’m sorry” the equivalent of saying “I’m at fault” in the State of California? The simple answer is no.
10/16/2006
All employers realize they must provide a workplace free of sexual harassment. The employer could only be liable when the sexual harassment was committed by a supervisor or co-worker.
8/21/2006
Consider the following scenario: A California company hires a model for a single day of work. They agree on a daily wage of $500. Once the day is over and the job finished, the model is released and presumably returns to her regular job. The Company doesn’t pay the model the $500 for 2 months. The result? The company may ultimately pay over $15,000 in wage penalties for the latepayment and attorney fees.
7/17/2006
By Hugh A. McCabe As an employer, workplace injuries, medical concerns, and employee disabilities present complicated issues which can expose an employer to discrimination-based liability. While legal considerations in such situations are indeed c omplex, this article will provide a general guideline to navigate the various issues an employer may encounter in an employee disability situation.
7/1/2006
How Painful Can Chronic Pain Management Be for Physicians? When on the receiving end of a Medical Board investigation orpatient lawsuit over pain management,the palliative remedy of lawyer assistance through the proceeding offers little true relieffor the physician’s “pain.”Successful management of patientchronic pain conditions involves good patient history/screening,continuity of care and careful documentation.Documentation is the best prophylaxis against Medical Board...
6/19/2006
A Look at Employer Dress Codes and Grooming Standards Today’s business environment is replete with varying degrees of employee individuality. Employees come in all shapes and sizes, and dress in all styles and manners. However, the employee does not have unlimited discretion to dress any way they want to. The key words to remember when evaluating and creating employee dress code standards are: Be Reasonable!
6/1/2006
You receive a deposition subpoena. The American Medical Association encourages physician participation in legal issues to satisfy the physician’s ethical obligations to the patient.The legal duty to tell the truth is required. However, what protects the physician from retaliatory actions should the testimony be undesired or unwelcome?
5/15/2006
What Employers Need to Know In today’s fast paced working environment, it has become necessary for businesses to look beyond their current staff for either specialized or temporary workers. The use of independent contractors has become alluring to companies because independent contractors present the option to businesses to receive the same comparable work product as their current staff without incurring the initially high employee training costs while at the same time benefiting from...
4/17/2006
Employee Personnel Records In today’s world of information and documentation, it is essential for employers to keep and maintain comprehensive employee files. Such files often include documents accumulated prior to the date of hire, throughout the employment, and post-employment documentation.  As an employer, what are your responsibilities or liabilities with regard to keeping or allowing access to these files? What files should you retain and for how long? These questions and those...