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NON COMPETE SCAPEGOATS 150 150 Lauren Ellerman

NON COMPETE SCAPEGOATS

You know what a scape goat is? Sadly, most of our non-compete litigation cases arise when an employer wants to make an example, and someone becomes the non-compete scapegoat. Employers aggresively pursue breach of contract action against the employee, seeking emergency injunction. Will they win? Maybe, probably not. But that is not really the point…

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SEXUAL ASSAULT IN VIRGINIA NURSING HOME 150 150 Lauren Ellerman

SEXUAL ASSAULT IN VIRGINIA NURSING HOME

Friends, this happens frequently. Assisted Living and Nursing Home residents (mostly female but not exclusively) are victims of sexual assault. I know of cases where staff, other residents, visitors etc. take advantage of these elderly persons. In last week’s Virginia Lawyer’s weekly, our friend in Virginia beach Carlton Bennett obtained a great verdict for someone…

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NEW PROGRAM FOR HCA HOSPITALS 150 150 Dan Frith
  • Dan Frith

NEW PROGRAM FOR HCA HOSPITALS

HCA, the nation’s largest for-profit hospital chain, is rolling out a system-wide emergency-room screening program aimed at reducing the number of patients with non-emergent or non-urgent medical conditions seen at HCA facilities. Under the program, a physician or specially trained nurse during an initial medical screening classifies an ER patient as “immediate or emergent,” “urgent,”…

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FRITH LAW FIRM SETTLES LAWSUIT AGAINST VETERANS ADMINISTRATION 150 150 Lauren Ellerman

FRITH LAW FIRM SETTLES LAWSUIT AGAINST VETERANS ADMINISTRATION

We can all agree that the men and women of our armed forces deserve the very best in medical care upon returning home, can’t we? Everyone from our Vietnam vets, to those who are serving in Operation Iraqi freedom deserve care that is of the best quality. Sadly, if you read the news you know…

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DOCTORS FAIL TO COMMUNICATE TEST RESULTS 150 150 Dan Frith
  • Dan Frith

DOCTORS FAIL TO COMMUNICATE TEST RESULTS

I have several friends who experienced medical problems and went to their doctor who recommended certain specific tests to determine just what was causing their symptoms. The test results were both “positive” and “negative” which meant both good and bad news for my friends. The problem is that neither the doctor nor his/her office promptly…

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FIDUCIARY DUTY – YES – BUT TO WHOM? 150 150 Lauren Ellerman

FIDUCIARY DUTY – YES – BUT TO WHOM?

Virginia Circuit Court Judge in Fairfax recently held that one member of an LLC could not sue the manager of the LLC for breach of fiduciary duty. The Supreme Court of Virginia agreed. Why was the case dismissed? Because the member did not have standing to bring suit. “Standing” is legal speak for – a…

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ARE GENERIC DRUGS THE SAME? 150 150 Lauren Ellerman

ARE GENERIC DRUGS THE SAME?

I am blessed to be one of the many Americans with Health Insurance. My company sends me periodic magazines on general health issues. This month, An Article appeared called “Are Generic and Brand-Name Drugs Really the Same?” The answer according to the article is YES, they are the same…. oh wait, I read it again.…

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REVENGE IS NOT ALWAYS THE ANSWER 150 150 Lauren Ellerman

REVENGE IS NOT ALWAYS THE ANSWER

I often get calls from people, upset, frantic about a threatening letter received from an ex-employer. The letter may say “We understand you are in breach of your non-compete. Cease immediately or we will seek and injunction against you in a Virginia court and ask for damages in the amount of $1,000,000.” “I have to…

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SOUTHWEST VIRGINIA NURSE ANESTHETIST IN THE NEWS 150 150 Dan Frith
  • Dan Frith

SOUTHWEST VIRGINIA NURSE ANESTHETIST IN THE NEWS

A nurse anesthetist, Alvin Earl Parkes, who worked for decades at Pulaski Memorial Hospital and Montgomery Regional Hospital (Blacksburg, VA) pleaded guilty Thursday to federal charges that he stole the medicine that was supposed to numb patients undergoing surgery. Parkes admitted in U.S. District Court in Roanoke that between July and September of 2008, he…

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VIRGINIA HOSPITAL EMPLOYEE STEALING DRUGS 150 150 Lauren Ellerman

VIRGINIA HOSPITAL EMPLOYEE STEALING DRUGS

This is a great story about a local healthcare provider. Roanoke Times reporter Mike Gangloff writes in a breaking news story, that a local anesthetist who worked for two of our largest hospital systems in the area, HCA and Carilion, plead guilty this morning for stealing drugs that were supposed to numb patients undergoing surgery.…

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NUDE PHOTOS TAKEN IN TENNESSEE NURSING HOME 150 150 Dan Frith
  • Dan Frith

NUDE PHOTOS TAKEN IN TENNESSEE NURSING HOME

These people need to go to jail! An investigation into the Pigeon Forge Care and Rehabilitation Center has revealed that employees of the facility were taking dozens of nude and partially nude pictures and videos of residents. A 55-page document has been released by the Tennessee Department of Health outlining those incidents and others at…

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FAIRNESS IN ARBITRATION – MAYBE NOW YOU GET WHY WE DON’T LIKE THESE THINGS 150 150 Lauren Ellerman

FAIRNESS IN ARBITRATION – MAYBE NOW YOU GET WHY WE DON’T LIKE THESE THINGS

I was in the car yesterday (avoiding hail storms) when this news report came on – RAPE CASE HIGHLIGHTS ARBITRATION DEBATE. I assumed it was an elder rape case involving nursing homes (since sexual assault sadly occurs in nursing homes) but was shocked to hear this lively, articulate young woman discuss her own assualt and…

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