I love a good explanation. When I was a kid, my explanations for why I did or didn’t do something were pretty elaborate and creative. My brother was often my excuse – “Brett asked me to do it.” Or, even better “Brett said I could,” as if my twin was the…
read moreWe hear it too often: “When I got there, she didn’t even recognize us she was on so much medication.” “She almost fell out of the wheelchair she was so overmedicated.” “She hasn’t eaten in days because she is on so much medication she barely wakes up.” Overmedicating Virginia nursing…
read moreDo you know the recipe for Coca-Cola? What about the exact formula of chemicals used to create Kevlar body armor? How about the client list of Wells Fargo’s commercial division? I doubt you can answer yes to any of the above. I don’t have access to such proprietary information – because…
read moreI am reading about a case out of the Eastern District of Virginia Federal Court. (The ED is all of Northern Virginia and Eastern Virginia). There’s nothing simple about federal commercial litigation, but allow me to describe the case: Company A and Company B sign a contract. They agree company…
read moreWe subscribe to the Journal of the American Medical Directors Association, a national publication for nursing home professionals. In this month’s issue, there is a fascinating and somewhat infuriating article on “conflicted surrogate syndrome,” a condition supposedly suffered by the families of nursing home patients. The article defines the syndrome as “unwarranted, irrational…
read moreI was watching a movie yesterday, so enthralling I cannot recall the name, but the last scene reflects a supervisor confronting an employee about lying. When the employee denies the false tale, he is told to leave immediately. He cannot take computer files. He cannot take anything from the office. He…
read moreMy partner Dan Frith was just named one of the Best Lawyers in America. He was also recently named Best Medical Malpractice Lawyer, Roanoker Magazine (2009-Present), Super Lawyer, Super Lawyers Magazine (2006-Present), and a member of the Virginia Legal Elite by Virginia Business Magazine. Dan’s practice is dedicated to serving…
read moreI watched the debate last night and assume many of you did as well. I was saddened (as I often am in politics) how little information was actually given about concrete plans to protect our citizens’ health care. These days, the average nursing home (and I don’t mean the super…
read moreI have recently been spending a ton of time in a local hospital and become friends with nurses, therapists, and doctors. When census is down (which means not many patients), the hours of these fine folks will often be cut to meet patient demand and quality staff are unable to…
read moreMany contracts these days contain arbitration provisions where the parties agree they will not take their disputes to court, but to a third party arbitrator to decide the issues. In injury cases, I just plain do not like arbitration. I think juries should decide whether someone has suffered an injury,…
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