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Dan Frith

  • Dan Frith

MONTANA SUPREME COURT SAYS NO TO NON-COMPETE
MONTANA SUPREME COURT SAYS NO TO NON-COMPETE 150 150 Dan Frith

This doesn’t come from my home state of Virginia but I just couldn’t let this good decision pass without mention. The Montana Supreme Court ruled last week that an employee’s noncompete contract cannot be enforced in the state. The court said that Montana law is tough on contracts which restrain…

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  • Dan Frith

CASE REPORT: NURSING HOME EMPLOYEE RAPES ALZHEIMER’S PATIENT
CASE REPORT: NURSING HOME EMPLOYEE RAPES ALZHEIMER’S PATIENT 150 150 Dan Frith

This sad story comes to us from Texas but could be from anywhere in the U.S. A state investigation revealed a laundry worker was caught raping an Alzheimer’s patient at the Village Creek Nursing Home in Fort Worth.Charles Schealy, 67, told police the sex was consensual. However, he was arrested…

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  • Dan Frith

MY WISH FOR 2008: IMPROVED NURSING HOMES
MY WISH FOR 2008: IMPROVED NURSING HOMES 150 150 Dan Frith

Nursing home residents are among society’s most vulnerable citizens. Regrettably, the U.S. Centers for Medicare and Medicaid Services, which regulates nursing homes, reports that the number of citations for putting patients in “immediate jeopardy” increased 22 percent from 2000 to 2006. Those citations include the physical or sexual abuse of…

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  • Dan Frith

RECENT ROANOKE JURY AWARD
RECENT ROANOKE JURY AWARD 150 150 Dan Frith

Dan blogged this week on a local jury verdict of $340,000 in a medical malpractice case. We know the case and the attorneys well. It is actually the 4th time the lawyers tried the case – that means they started trial 3 times earlier and something occurred along the way…

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  • Dan Frith

CASE REPORT: GILES COUNTY FAMILY WINS MEDICAL MALPRACTICE CLAIM
CASE REPORT: GILES COUNTY FAMILY WINS MEDICAL MALPRACTICE CLAIM 150 150 Dan Frith

A Roanoke jury awarded a verdict of more than $340,000 to the relatives of a Giles County woman who died in 2001 as a result of a botched lung removal surgery. The jurors found Dr. Bradley Nicholson negligent in the death of 62-year-old Frances Cumbee. Their judgment determined that Nicholson…

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  • Dan Frith

NON-COMPETES AND THE FRANCHISE AGREEMENT
NON-COMPETES AND THE FRANCHISE AGREEMENT 150 150 Dan Frith

Franchises are everywhere…from McDonald’s to Bed, Bath &Beyond! Most of the agreements which govern these franchises have non-compete provisions. Most franchise agreements have two types of non-compete provisions. First, the “in-term” restriction applies to the parties during the life of the franchise agreement. Secondly, the “post-term” restriction applies to what…

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  • Dan Frith

CASE REPORT: WOMAN MISDIAGNOSED WITH HIV GETS $2.5 MILLION
CASE REPORT: WOMAN MISDIAGNOSED WITH HIV GETS $2.5 MILLION 150 150 Dan Frith

Most of the time we discuss cases where the doctor failed to diagnose or properly treat a medical problem and, as a result, the patient died or was seriously injured. Well, here is a report of a verdict in a medial malpractice case, which is equally bad, but a little…

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  • Dan Frith

ADDICTED DOCTORS ARE ALLOWED TO PRACTICE
ADDICTED DOCTORS ARE ALLOWED TO PRACTICE 150 150 Dan Frith

Nearly all states have confidential rehabilitation programs that let doctors continue practicing as long as they stick with the treatment regimen. Nationwide, as many as 8,000 doctors may be in such programs. Most addiction specialists favor allowing doctors to continue practicing while in confidential treatment, as does the American Medical…

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  • Dan Frith

NURSING HOMES: MAXIMIZING PROFIT AND MINIMIZING CARE
NURSING HOMES: MAXIMIZING PROFIT AND MINIMIZING CARE 150 150 Dan Frith

The nursing home industry in America is run by smart, very smart business people. They know that if they pay minimum salaries they can keep their costs down and profits up. They know that if they ask 3 nurses to do what 5 nurses are needed to do…they can keep…

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  • Dan Frith

CASE REPORT: LEAD PAINT POISONING CASE FILED IN ROANOKE, VIRGINIA
CASE REPORT: LEAD PAINT POISONING CASE FILED IN ROANOKE, VIRGINIA 150 150 Dan Frith

Although today’s blog is not directly related to typical issues of Legal Medicine….we felt this was important news to share with the public! Today’s edition of the Roanoke Times reported on a lead paint poisoning case this firm recently filed in the Roanoke City Circuit Court. The lawsuit was filed…

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