Patient’s Bill of Rights Also Protects Employee From Firing
OCTOBER 18, 1999 VOLUME 7, NUMBER 16 In the absence of a detailed employment agreement spelling out the grounds for discharge, most employees can be fired for any reason at all. Sometimes, however, notions of public policy override the ability of an employer to discharge an employee. Jane Hausman worked for the St. Croix Care […]
“Informed Consent” Duty Not Satisfied When Doctor Lies
OCTOBER 11, 1999 VOLUME 7, NUMBER 15 Before undertaking any medical procedure, physicians are required to obtain the consent of the patient (except in some limited circumstances, such as medical emergencies). Under American law, it is not enough to simply get the patient’s consent, however. The consent must be “informed”—in other words, the patient must […]
Oregon Doctor Disciplined For Inadequate Treatment Of Pain
OCTOBER 4, 1999 VOLUME 7, NUMBER 14 Adequate control of pain, especially at the end of life, is a key issue in modern medical care. Increasingly doctors, nurses, patients, family members and advocates realize that death need not be physically painful. The most recent demonstration of that consensus among medical care providers comes from the […]
“Fifty and Beyond” Is A Lively, Fact-Filled Elder Law Resource
SEPTEMBER 27, 1999 VOLUME 7, NUMBER 13 Non-lawyers are sometimes surprised when lawyers acknowledge that the legal system is not well-suited to some kinds of problems. That surprise will probably turn to astonishment at the suggestion of two elder law practitioners in a new book published this week: We begin, however, with this short cautionary […]
Will Prepared By Bookkeeper Valid–Contestants Disinherited
SEPTEMBER 20, 1999 VOLUME 7, NUMBER 12 Six days before he died, Arizonan Ralph Shumway signed a new will. Rather than consult a lawyer to prepare the will, Mr. Shumway had relied on his bookkeeper, Adelida Vega Rodriguez, to prepare the document for him. Because the will she prepared left one fourth of Mr. Shumway’s […]
Codicil To Will Valid Despite Questions Raised By Witness
SEPTEMBER 13, 1999 VOLUME 7, NUMBER 11 Last week Elder Law Issues reported on the Tennessee case of Cleon Cooke, in which bank customer service representatives apparently did not know how to properly witness and notarize a will according to state law (“Bank Not Liable For Mistakes Made By Witnesses, Notary”). Sometimes the problem is the […]
Bank Not Liable For Mistakes Made By Witnesses, Notary
SEPTEMBER 6, 1999 VOLUME 7, NUMBER 10 Witnesses are required for a number of legal documents, including wills (in most cases), powers of attorney and health care directives. Most lawyers recommend not having family members witness legal documents, since questions may later be raised about the signer’s competence, or the possibility of undue influence. It […]
Failure To Plan May Result In Court Naming Surrogates
AUGUST 30, 1999 VOLUME 7, NUMBER 9 When an adult becomes incapable of handling his or her own personal and financial affairs, someone must step forward and pay bills, make medical decisions and handle a host of daily decisions. Court proceedings, agency investigations and the plans made by the adult before becoming incapacitated will all […]
Insurance Saleswoman Unduly Influences Wisconsin Man
AUGUST 23, 1999 VOLUME 7, NUMBER 8 Vanessa Henningfeld first met 71-year-old George Milas when she visited his Wisconsin home to sell him a long-term care insurance policy. The two of them quickly became friends. Mr. Milas had a number of problems to deal with. He had a heavy Lithuanian accent that made it hard […]
Developmentally Disabled Man Dies Before Court Decides His Fate
AUGUST 16, 1999 VOLUME 7, NUMBER 7 Though once viewed as slightly out of the mainstream of American thought, the “right-to-die” movement has become widely accepted today. Few would argue with the notion that a competent patient has the right to refuse life-sustaining treatment, even when the medical community collectively believes that the treatment should […]
