Publications

With all the reports about bills to outlaw advance arbitration agreements, we're having trouble getting them signed. Any suggestions for making them more attractive or persuading residents and their families these are legal and can be helpful to both sides?

Brian Krob Authors Article in ACG Chicago Journal

Kamau Coar authors column in Chicago Lawyer

The raiding of resident trust funds and theft of insurance checks by staff are perhaps the two most significant fraud/embezzlement problems in long-term care. What is your advice for guarding against them?

Anne M. Haule authors article featured in DecisionHealth's Medicare Compliance Alert

Amy Gardner Subject of University of Chicago Magazine Profile

What are the most important lessons from the trial of the Manganos, the New Orleans facility owners who didn't evacuate for Hurricane Katrina and were recently acquitted of negligent homicide charges?

We heard we can now legally help our residents understand/choose their Part D drug benefit plans. Is this true?

What are the best steps to take to insulate ourselves against punitive damage claims?

Lynn Gordon authors article in Health Care Law Monthly

What do you think of new federal guidelines concerning surveyors using photographic evidence?

With so many other legal and regulatory concerns, I now hear we have to be extra careful with marketing materials. Is that true?

Voir dire. It means, literally, “to speak the truth.” Most lawyers think voir dire calls upon them to speak to the jury when, in fact, they should let the jury speak to them. History is littered with the carcasses of vain trial lawyers who thought voir dire was their turn to talk.

What are policy essentials for avoiding monetary penalties regarding "do not resuscitate" orders?

It’s no secret that the very nature of the construction industry frequently presents a litigious environment. From general contractor to subcontractor, architect to supplier, owner to purchaser, and most any combination thereof, the differing interests and sheer number of parties involved in a construction project set a stage that is ripe for confrontation and legal disputes.

In June of 2004 I wrote an article for this publication describing the legal risks arising out of per-click and time-share leases between imaging centers and referral-source physicians—risks that extend to both sides of the transaction. In that article, I characterized these leases as “too good to be true.” Given the proliferation of these leases throughout the country and the significant interest in this issue by imaging centers and physicians alike, I was asked to provide an update on what has been happening in the marketplace on these types of “lease” arrangements since publication of the original story. I was also asked whether my “too good to be true” prediction still applies—see what you think after reading this update.

On December 13, 2005, the Great Lakes Governors and Premiers signed the Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement and the Great Lakes-St. Lawrence River Basin Sustainable Water Resources Compact, also known as the Great Lakes Charter Annex agreements (collectively, the "St. Lawrence River Basin Agreements").

We suspect a nurse of improperly pocketing drugs. What's our best plan of action to: a) prove it, and b) get rid of her without putting ourselves at risk?

“A cowboy’s work is never done.” The same holds for creative trial lawyers. Over here and over there, ideas for trial themes are everywhere. There is no need to stop with George Martin—a cowboy interviewed by the Writers Project in the 1930s—and Dr. Seuss, the respective sources for the quote and paraphrase noted above. Familiar quotations, scenes, and stories are all potential material for persuasive trial themes. And imitation is the sincerest form of flattery for the trial lawyer.

What decisions do we need to make before trying to make mandatory arbitration agreements part of our admission contracts?

Imagine you open your mail at home and receive a mandatory summons to attend a focus group of sorts, one where marketers present their products and you must confer with several strangers about which products to pick. You know nothing about the products before arriving at the presentation, nothing about the presenters, and nothing about your fellow conferees. How are you going to decide?

“A cowboy’s work is never done.” The same holds for creative trial lawyers. Over here and over there, ideas for trial themes are everywhere. There is no need to stop with George Martin and Dr. Seuss, the sources of the lines above. Familiar quotations, scenes, and stories are all potential material for persuasive trial themes. And imitation is the sincerest form of flattery for the trial lawyer.

If we want to do a background check on a prospective employee, whom should we contact? It seems like there’s been a groundswell for “just say you’re sorry;” and we were wondering: Is that ever a good idea to do when somebody’s been injured?

They are designed to specify the information upon which the parties are relying in deciding to proceed with the transaction. Typically also buried in the boilerplate at the end of such agreements is a “non-reliance” provision, which provides that the buyer (or seller) disclaims any reliance on any information other than that specified in the representations and warranties of the acquisition agreement. For example: “As between or among the parties, any oral or written representation, agreement or statement not expressly incorporated herein, whether given prior to or on the effective date, shall be of no force and effect unless and until made in writing and signed by the parties on or after the effective date.” The exclusion or inclusion of such language and the jurisdiction of the court applying it can have a substantive impact on the success (or failure) of your claims in the event of a dispute arising from the acquisition.

How do we get one of those temporary restraining orders for visitors or family members who are a royal pain in the neck and sometimes abusive to staff? Are our incident reports subject to discovery in negligence or malpractice claims?

Can a nurse sue us for wrongful firing if she refused to work, claiming she had to look after too many residents? How do we insulate ourselves from legal problems regarding admitting residents with dangerous pasts?

There are 12 jurors in the box waiting to hear your case. In order to win, you need to persuade them to view the facts in your favor—but the approach that will reach the physics professor from State U. may not work for the clerk from the Fifth Ward. Herein lies the key to an effective jury presentation: KISS.