March, 2013 | BizSieve.com

Could Your Employee Medical Records Be Needed in Malpractice Lawsuits?

Most small business owners and other entrepreneurs never fully contemplate all of the issues that they’ll face once they start running their own business. Some of the most unforeseen outcomes are those related to the legal world. These issues can include liability insurance, personal injury claims and even environmental damage lawsuits. One legal issue that many business owners are likely to come across, however, is subpoenas for medical documents related to their employees. These are sometimes needed in medical malpractice lawsuits, and unfortunately, they can sometimes leave employers in a little legal trouble of their own.

Why Medical Records May Be Subpoenaed

There are numerous reasons why, in a medical malpractice lawsuit, an employer may be asked to hand over certain information about their employees medical health. The main reason, however, is to prove whether or not an employee had any illnesses or injuries before their medical mishap. Interestingly enough, several employee documents can help in these situations, including:

Employee insurance plans
Documentation related to sick days taken
Previous workers’ comp claims
Documentation of other issues at work

As previously mentioned, these documents can go towards showing whether a person had prior injuries or illnesses, and this can be vital during a medical malpractice suit. This type of suit, whether you consult a Montana lawyer or a Maryland medical malpractice attorney, must show that a doctor provided a sub-par level of care when compared to others in his field. In addition, this sub-par level of care must be what contributed to the harm that a patient received.

All of this simply means that even if a doctor was negligent in his level of care, he won’t have to pay compensation if he can prove that a patient was already having issues in relation to the alleged damage caused by the neglectful care. Similarly, these documents can go towards proving that an employee had been perfectly healthy before undergoing treatment from their doctor. In a medical malpractice suit, these records could be detrimental for either party to the suit.

When Employers May Disclose Info

Unfortunately, whenever parties of a medical malpractice suit decide to drag an employer into the mix, it puts that employer in danger of being held legally liable for certain acts as well. This usually makes it pertinent for an employer to get advice from a medical malpractice lawyer on what their rights and responsibilities are in this specific situation. Since these specialized attorneys work in this world every day, they know what may or may not get a business owner in trouble.

One major issue employers can run into is the Privacy Act of 1974. This law prohibits certain information from being disclosed about an employee short of having that employee consent to its release. This isn’t a problem when it’s the employee requesting the information, but when a medical institution instigates the request, this can lead to trouble. There are twelve exemptions that would require employers to disclose this information anyway, such as having a court order (not necessarily a subpoena), so it’s important to have someone knowledgeable about this specific area of law on hand.

Medical malpractice is a complex issue, and usually only experienced lawyers in the field know all of the system’s nuances. This means that even though an employer may never be a party to a medical malpractice suit, they should at least speak with an attorney who specializes in it. This will ensure that they avoid any liabilities in the sometimes likely event that they’re approached for these employee records. It can literally mean the difference between simply handing over a few documents and ending up in court themselves.

A former TV news writer, Ann Bailey posts these pointers for business owners regarding their employee medical records. The Maryland medical malpractice attorney group at Price Benowitz, LLP conscientiously represents victims of medical malpractice and is also able to advise employers about medical recording for personal injury claims.

Photo Credit: http://www.flickr.com/photos/buba69/2383197884/

Quick Tips For Reducing The Cost Of Doing Business

No business can afford to pass up on any form of cost saving tips in this tough economy. There are always ways that you can cut back on your business’ expenses without sacrificing quality, but you need to look for them. If you are not actively searching for lower prices, how do you know that you are not paying too much?

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Here are a few quick tips for reducing the cost of doing business:

Audit business expenses

Every company needs to analysis and justify each business expense a few times each year. Make it a part of your quarterly strategy or at least annually and always start by re-quoting your supplies. If you don’t find a better deal out there, you can always negotiate lower prices or better terms with your existing suppliers.

Increase staff productivity

In today’s modern world, the first step to improving productivity is searching for technological advancements. Manual entry is a thing of the past and there are now automated systems for nearly anything you need to accomplish in a typical business day. There are automated marketing systems, invoice generators, and automatic order processing, including payment. The less time your staff is spending on entering paperwork means more time they can be spending on innovation and growth.

Cut staff if needed

You may also discuss some positions are not as necessary as you think. For example, if you only need to process less than fifty invoices per week (which is typical for a small business), then you probably don’t need to hire a full-time bookkeeper. You could enter the transactions yourself in less than an hour and save a considerable amount on labor expenses.

Use video-conferencing instead of meeting in person

To save the expense of commuting between locations, try using video-conferencing whenever possible. If you also use file sharing program like Google Drive, you can both even work on the same document without having to email it back and forth.

Use less expensive forms of marketing

Social media marketing is being used by more big business as a way to connect on a more person level with potential consumers. It is relatively inexpensive, especially when you compare it to all other mediums for global advertising. Create an engaging website, an interactive blog, a fun Facebook page, and an intriguing Twitter feed.

Reduce your paper costs

You can save time and money by switching to paper saving online solutions. Use email, online calendars, and online billing software to reduce the amount of paper you use. If you email invoices directly to your customers, you will save on both paper and stamps!

Take action and start saving money today by auditing your business expenses, increase productivity, take advantage of video-conferencing, use inexpensive marketing methods, and reduce your paper cost. These little things can add up to an incredible savings for your company.

About the Author: The article is posted by Gerwyn Wallto. You can find other related articles here.

Protecting the Merchandise: What Business Owners Should Tell Employees About Shoplifting

Employees are responsible for a large percentage of retail theft. Internal thieves can embezzle funds from the register, activate and spend gift cards and take product off the loading dock and put it into the trash to pick it up after their shift. Employers must take steps to reduce the amount of employee theft while simultaneously treating their employees with the appropriate level of respect. This can be deceptively challenging.

Internal Theft and the Employer’s Rights

Employers have the right to retain their property and not have it stolen by their workers. To enforce their property rights, employers may take certain measures to monitor employees. Employers have the right to monitor employees on camera in areas in which they have no reasonable expectation of privacy or in which they have consented to being monitored. The employment agreement and all entrances to the building should contain an advisement that the employee is being monitored on video and audio. Employers may not record restrooms.

In some states, employers also have a right to use force. This so-called “shopkeeper’s privilege” simply allows the shopkeeper to use reasonable force to detain a thief until the police arrive. If an employee is suspected of theft, the employer may detain the employee to investigate the matter. This is generally not advised, as crossing the line from a reasonable detention to a false arrest or false imprisonment is easy, as is using excessive force. Employers may also contact the police when they believe that an employee is stealing to arrest or cite the employee.

In practice, using physical force against a thieving employee is usually unnecessary. Employers have a large amount of detailed personal information regarding their employees and fleeing the scene will not help the employee evade apprehension. Additionally, many employees and employers would prefer to keep small-scale thefts out of court. For limited thefts, employers will usually terminate an employee and not press charges. Instead, the employee and employer will make other arrangements, such as compensating the business, resigning voluntarily, and staying away from the business.

Gracefully Warning Employees Not to Steal

Employees expect to be treated fairly. Explicitly holding an organizational meeting and advising employees not to steal implies that at least some of the employees are potential thieves. While employee theft comprises a large portion of all retail shrinkage, calling attention to the issue will reduce employee morale. Employers who treat employees as thieves will offend employees and incur a high turnover rate, which costs the organization money.

At the same time, employers must have clear guidelines expressly spelled out for all employees in the event that an employee does steal. The best way to deal with such competing issues is to address the issue directly in the employee manual and indirectly in person. The employee manual should specify that theft is an offense that will result in immediate termination and prosecution to the fullest extent of the law. If an employee steals anyway, always follow through on the manual. Including a provision in the manual discussing the legal consequences of the theft may also be prudent.

Indirectly addressing the issue in person requires tact. When orienting a new employee or installing a new system, employers should take the employee or employees on a brief tour of the building. Point out all available cameras, including those over the cash registers, in the stockrooms, and near the trashcans outside. Do not raise the issue of employee theft; instead, point out the surveillance system and all security features as a precaution designed to protect employees in the event of a crime. This sends a message to potential thieves without sending any offensive messages.

Employee Theft and the Law

Anyone who steals merchandise can face a variety of charges, but as one Ellicott City criminal defense attorney has noted, “the severity of this type of charge in Maryland increases if you steal from your employer.” Thieving employees are often charged with either larceny or theft. Larceny occurs where one takes and carries away the personal property of another with the intent to permanently deprive the owner for the actor’s own gain. Theft is similar, but the goal of theft is to take the item for pecuniary gain. If an employee steals an item because they intend to use the item, it will usually be a larceny charge; if an employee steals an item with the intent of reselling it, the charge will normally be theft.

Larceny and theft are segmented further into petty larceny or theft and grand larceny or theft. Petty theft or larceny is usually a misdemeanor while grand theft or larceny is generally a felony. The value of the property determines whether an act of theft or larceny is petty or grand, and different jurisdictions apply different values differently depending upon the property. A felony record is far more damaging to an employee’s long-term prospects than a misdemeanor conviction, as a felon loses certain rights and employers frequently discriminate against felons.

If the employee was entrusted with the property, the employee may be charged with embezzlement. Embezzlement occurs where one wrongfully converts property owned by someone else and entrusted to the actor’s care to the actor’s own use. This commonly occurs with cashiers pocketing funds in a retail setting; employees will not ring up sales or ring up sales for a lesser sum and pocket the difference. Embezzlement can be a misdemeanor or a felony depending upon the amount.

A burglary charge may also be added to the underlying charges. If the employee entered the building with the intent to commit a felony, regardless of whether the employee used force, the employee may be charged with burglary. Burglary is a felony independent of any other felonies with which an employee may be charged like felony embezzlement or grand theft. Burglary is a serious crime and often results in jail time.

Employees who violate the law can face a variety of harsh penalties, but many do not. Businesses are often reluctant to press charges for petty offenses and the low wages and high turnover of retail workers ensures that there is no end of potential suspects. Combating internal theft requires visible deterrents and a culture of open communication with management. At the same time, employees accused of misconduct are always entitled to a strong legal defense. Employees who are charged with an internal crime should contact experienced legal counsel to help address the charges. A single mistake does not define anyone’s character and it should not follow a person for the rest of his or her life.

Ann Bailey is a former news writer and shares these warnings with any small business owner who may need encouragement in combating employee theft.

Photo Credit: http://www.flickr.com/photos/i_level_news/2188707492/

5 Reasons Your Small Business Needs A YouTube Channel

YouTube has exploded over the last few years, with its increasing amount of users; it has some amazing opportunities for small businesses. YouTube can help increase conversion rates, increase quality traffic, improve branding, and plenty more.

Reason Number One – Increase Your Quality Traffic

Traffic to your website is one of the most important things to focus on when starting a new business. The more people that ends up on your site will ultimately determine the success of your online sales and successful customer transactions. With YouTube, you can place a video that explains your products and services then attach a link for people to click on. If they click on the link, this is going to be a high quality visit because they are already aware of what you offer and are interested in more information on how to obtain it. This benefit can’t be stressed enough because if you can create high quality videos that will keep people interested, then you have a potential market place with millions of people at your fingertips.

Reason Number Two – Might Go Viral

Other people who then share it with their friends can sometimes pick up creating a high quality video. This can be very beneficial because the people that are watching your video already trust the person who provided it, allowing them to already have a good first impression about your business. This also allows your video to be presented to a large amount of other audiences thus increasing your chance at success.

Reason Number Three – Help Your Branding

The way your business is viewed by the public eye is a very important aspect to always be thinking about. If people don’t know your brand, or respect it, then why would they do business with it? By submitting videos to YouTube, you have a chance to present your business the exact way you want your customers to view you as. Even if you make a video that doesn’t include trying to sell your services, you will still be able to have people want to do business with you based off what your video includes.

Reason Number Four – Non-Stop Marketing

Marketing can be a costly and time consuming part of doing business. With YouTube, all you have to do is create a video people will want to watch, and let the side do the rest of the work. It’s an excellent way to get free, non-stop marketing services that doesn’t require much maintenance. Buy YouTube views to ensure that your channel gets its regular dose of viewers.

Reason Number Five – It’s Global as well as Local

Whether your business can cater to global clients or just local ones, YouTube can target an exact audience. Videos that are submitted can be search engine optimized and marketed as well. So if you want to target a certain area of people, then that won’t be too hard to do. YouTube is one of the most used websites in the world, so you have access to an unlimited amount of potential customers. It’s up to you to take advantage and convert them into sales.

About the Author: Karen T. Kelch works as a freelance blogger. She has a passion for blogging and making friends online.

Forget About Winning against the War on Workplace Injuries, Facts That You Cannot Ignore

People like to believe that they are safe even when their lives seems to be hanging by a thread. This is a common human psychology and there is no way you can change this. And as this mentality is deeply rooted, it is no wonder that business organizations still continue to ignore those workplace safety issues that could have led to life threatening incidents. Originations feel that they are doing a commendable job as the injury rates are down compared to last year and the safety system seems to be working fine like a well oiled machine. And out of this complacency, organizations start relaxing and giving less attention to things that could play a decisive role during a life and death circumstance. No matter, how bullet proof the safety system of a workplace may look like, there will always be some rooms for improvements and you can only identify those areas only when you start realizing the fact that your safety system is not perfect, in fact, far from being perfect.

However, I am not saying that you have to waste your hard earn money on some trivial issues that would have zero impact or little impact on the safety system of your workplace. When you are spending too much time and efforts on trivial things, chances will be that you may miss out on crucial things that could spell doom for the safety of your workers. Moreover, as our business models are changing all the time and we are embracing new technologies to give productivity a shot in the arm, the existing safety systems starts becoming obsolete. For this reason, you can never claim that your workplace is perfectly ‘safe’ for workers because of the dynamic nature of your business. But for some unknown reasons some business owners have started believing that they have won the battle against the menace of workplace injury; but when you start believing in things so absurd, you are going to lose the battle for sure. Here are some other ways to lose the battle against the menace of workplace injuries

Image Source - http://www.flickr.com/photos/kendrak/3769525335/ — Image Source – http://www.flickr.com/photos/kendrak/3769525335/

We Know it All Attitude:

When we enter a new place or face a new situation, we take every possible precaution to get used to that. We follow the rules carefully and think twice before making a move as we are not sure when a problem may crop up. But as soon as we realize that we have gathered enough information about the situation and how to tackle it, we start messing up. We become comfortable with things and this is exactly where we start making mistakes. However, you may argue that we get used to things as we gather more inputs about the work that we are going on a regular basis, but you also cannot refute the fact that this experience also puts you in greater danger as you become oblivious of the obvious dangers in some jobs.

workers — Image Source – http://www.flickr.com/photos/jaxport/7657583704/

We are Over Confident

You have probably heard this hundreds of time before – ‘Change is the only constant thing in the world’, but you might have never given it a serious thought. If you have, you would have certainly realized that workplace hazards, just like any other things in the world, change and evolve and that means, you have to be proactive and find out the flaws in your safety system on regular basis. But as it appears, people tend to ignore this as they grow a feeling that they have won the war against the hazards. As the perception of dangers starts diminishing, the probability of hazards increases. Therefore, you have to accept that your safety system is not 100% perfect and there is always some room for improvements.

Disruptive Technology

Induction of a new technology does not necessarily mean that it is going to add positive effect in your organization’s safety and security system. People might find it really tough to deal with the new technology and they might make silly mistakes that could have led to minor or major injuries. So, whenever you are inducting new technologies, you have to make sure that people who are going to use this are at ease with it otherwise, it might have negative impacts on the whole production process.

About the Author: This article is contributed by Michael Evans who is associated with Mobile Safety Steps, which is UK’s leading manufacturer of safety steps. Visit our website.