We are often asked by Virginia health care providers to review an employment contract that contains a non-compete clause. If reasonable, these restrictive clauses are upheld by courts in Virginia. The best way to deal with the potential future problem of the effects of a non-compete contract is to negotiate…
read moreMany Virginia families think the easiest and safest way to keep a loved one in a nursing home from getting out of bed in the middle of the night is to ask for the installation of bed rails. On the other hand, some nursing homes in Roanoke and elsewhere use…
read moreA hernia occurs when an organ or fatty tissue squeezes through a weak spot in a surrounding muscle or connective tissue (called fascia). The most common types are inguinal (inner groin), incisional (resulting from an incision), femoral (outer groin), umbilical (belly button), and hiatal (upper stomach). Hernias are fairly common…
read more[UPDATE 11/2/2012: The U.S. Food and Drug Administration has found additional vials with bacteria and mold at New England Compounding Center, and it appears the company has known for years that its medication could harm patients. Further reports will follow a full investigation of the company’s Massachusetts facilities.] A compounding…
read moreUpdate (10/3/2012): According to the Staunton Newsleader, former nurse aide Anthony M. Johnson appeared in court this week and plead guilty to two counts of assault and battery. He received to a suspended 12-month jail sentence. Charges are pending against two Envoy administrators who failed to report the assaults to…
read moreI was recently doing some research in connection with one of the medical malpractice cases we are handling in our office. Fairly routine stuff, checking for publicly available information (primarily on the Internet) on the involved health care providers. I always go to the Virginia Department of Health Professions website to…
read moreA recent article in the Philadelphia Inquirer revealed that over 21% of nursing home residents fell within their first 30 days at the facility. The article reviewed recent data from the Center for Medicare and Medicaid Services for more than 230,000 first-time residents admitted to nearly 10,000 nursing homes across…
read moreA recent article in McKnight’s Long-Term Care News and Assisted Living describes how compassion fatigue and grief are the unrecognized downside to working in the nursing home industry. Says the columnist Patricia Smith, who is the founder of the Compassion Fatigue Awareness Project: Compassion fatigue and grief are the unrecognized downside to working in the…
read moreAre non-compete agreements enforceable against physicians in Virginia? The American Medical Association cautions that non-compete contracts “disrupt continuity of care, and potentially deprive the public of medical services.” (AMA Statement E -9.02). Although we agree with the AMA, Virginia courts use a different analysis. Here is the podcast edition of Non-Compete Agreements for…
read moreThe Atlantic recently published an article, “How to Fix Nursing Homes,” that makes an alarming (but accurate) statement about America’s nursing homes: American nursing homes historically have operated and been regulated as total medical/residential institutions — like asylums. To a large extent, this is still the situation today. That’s right: many nursing…
read more