“Positional asyphxia” is a fancy term for a terrible, but preventable, problem. Positional asphyxia, is also known as postural asphyxia, is a form of asphyxia which occurs when someone’s position prevents them from breathing adequately. In the nursing home setting, this life-threatening problem is more frequent due to the use…
read moreANSWER: “Blue penciling” is a legal term of art which applies to the discussion of the enforceability of a noncompete agreement and here is how it works. If the employer writes a noncompete contract which states the ex-employee cannot work anywhere in the world for 10 years…the agreement is clearly…
read moreI just read about a tragedy which, unfortunately, happens all too frequently but could have been avoided.The case report comes from Texas. Stacy Meaux, 46, was overweight and had a family history of coronary artery disease (CAD). When she experienced radiating chest pain and tightness, she went to a hospital…
read moreSometimes I will receive a medical malpractice case to review, and I realize as I read the records, how devastating the event at issue was for the family experiencing it.Losing a loved one is always a tragedy. Losing a loved one because someone was careless, or intentionally refused to provide…
read moreI have seen some unfair and unreasonable admission agreements prepared by nursing homes…but the agreements now used by Trinity Mission take the cake!Every new resident to a nursing home must sign an admission agreement or contract. If the new resident is not mentally or physically capable of signing the agreement,…
read moreNot that this story is news but the Roanoke Times ran an article recently which was also published in USA Today. The article was titled, “Many Doctors Don’t Blow Whistle on Colleagues” and was based upon a study published by the Journal of the America Medical Association.The results of the…
read moreI opened Virginia Lawyer’s Weekly today, a weekly newspaper that reports on Virginia cases, laws, etc., and read about 3 medical malpractice cases where the doctors won.Yes, that is 3 defense verdicts.3 cases where after years of litigation, costs, and expenses, plaintiffs end up with nothing. Nada. Zilch. Not one…
read moreWe hear complaints on a regular basis about hospital patients who are seriously injured due to falls. I recently reviewed a case report from outside of Virginia where a 74 year old patient, with multiple health problems and a history of fainting, was admitted to her local hospital. The patient…
read moreAs followers of this blog know, we report and discuss many preventable tragedies and deaths which occur at assisted living facilities and nursing homes. It has gotten almost to the point where these instances of abuse and neglect are reported weekly by some newspaper in the United States. As a…
read moreOur firm has the opportunity to speak to folks from all over Western Virginia about possible medical malpractice cases.We generally start our conversation by asking the caller to tell us what happened. Then, if we think the facts as relayed, warrant further investigation (because negligence seems likely and damages are…
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