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VA HOSPITALS FAIL TO CLEAN TUBING 150 150 Lauren Ellerman

VA HOSPITALS FAIL TO CLEAN TUBING

As I was driving home last night, I heard another radio news piece on VA hospitals in Florida, and their failure to clean tubing used for patients during colonoscopies. A physician who was speaking on behalf of the VA, Dr. Bagian, stated that hundreds of Veterans had received letters regarding possible contamination. Although they are…

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DOCTORS AND NON-COMPETES: CASE#5 150 150 Dan Frith
  • Dan Frith

DOCTORS AND NON-COMPETES: CASE#5

The next important decision by a Virginia court on the legality and enforceability of a physician’s non-compete comes from my hometown of Roanoke, VA. The case was called Drs. Blum Newman, Blackstock & Associates, Optometrists v. Timothy Jessee, MD and was decided in 1997. Dr. Jessee (the defendant), an optometrist resigned his employment of nine…

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NORTH CAROLINA SIDES WITH EMPLOYEE 150 150 Dan Frith
  • Dan Frith

NORTH CAROLINA SIDES WITH EMPLOYEE

The employee worked as an account executive for an insurance broker. He signed a non-compete agreement which provided as follows: For a period of two years following termination of employment, employee shall not: (i) On behalf of himself, another insurance company and/or agency, directly orindirectly, seek to induce, promote, facilitate, solicit, quote rates for, receive,…

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PATIENT ARMBANDS IN HOSPITALS AND NURSING HOMES 150 150 Dan Frith
  • Dan Frith

PATIENT ARMBANDS IN HOSPITALS AND NURSING HOMES

A state agency and a hospital industry group are considering whether Kentucky should use color coded armbands to alert staff to patient wishes and medical conditions. The Lexington Herald-Leader reported Jefferson Manor nursing home in Louisville was cited in March after employees attempted to resuscitate a 95-year-old resident, despite a “do not resuscitate” order for…

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REPORT: SEXUAL ASSAULT IN NURSING HOME 150 150 Dan Frith
  • Dan Frith

REPORT: SEXUAL ASSAULT IN NURSING HOME

This is a disturbing report from a nursing home in Florida, but it just as easily be from Virginia or any other state. A 72-year-old man was arrested Monday in St. Petersburg, Fla. and charged with molesting a a 54-year-old woman with the mental capacity of a 5-year-old. Both lived in the same nursing home.…

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DANVILLE REGIONAL HOSPITAL HIRES HOSPITALISTS 150 150 Dan Frith
  • Dan Frith

DANVILLE REGIONAL HOSPITAL HIRES HOSPITALISTS

I know its confusing…my title looks like a screw up…its not. Hospitalists are doctors whose primary professional focus is hospital medicine, in other words a hospitalist is a physician whose practice emphasizes providing care for hospitalized patients. Sounds good but there is another side to the story. Lets say you want your long-time doctor to…

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ADVANCING EXCELLENCE IN AMERICA’S NURSING HOMES 150 150 Dan Frith
  • Dan Frith

ADVANCING EXCELLENCE IN AMERICA’S NURSING HOMES

Is affordable (and good)nursing home possible? The national average cost of a nursing home is $203 a day, according to the latest survey by Genworth Financial. Few Americans think of $74,000 a year as affordable. Some nursing homes even cost considerably more than that. But does their higher cost mean they provide better care? Maybe…

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MEDICAL SPAS: WHAT ARE THEY? 150 150 Dan Frith
  • Dan Frith

MEDICAL SPAS: WHAT ARE THEY?

The term “medical spa,” “med-spa,” or “medi-spa” describes a business that offers massages and facials along with medical services such as laser hair removal, facial rejuvenation, Botox and dermal filler injections, and chemical peels. Growth in the spa industry has been a boon to the manufacturers and distributors of devices and drugs used for cosmetic…

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DOCTORS AND NON-COMPETES: CASE #3 150 150 Dan Frith
  • Dan Frith

DOCTORS AND NON-COMPETES: CASE #3

The next important decision by a Virginia court on the legality and enforceability of a non-compete contract arises from a 1996 decision in Loudon County, VA, Joseph Statkus v. Loudoun Anesthesia Associates, LLC. In 1994, Dr. Statkus joined with four other physicians to form a company known as Loudoun Anesthesia Associates (LAA). LAA was formed…

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DOCTORS AND NON-COMPETES: CASE #2 150 150 Dan Frith
  • Dan Frith

DOCTORS AND NON-COMPETES: CASE #2

The next important court decision analyzing the legality of a physician’s non-compete contract comes from the Circuit Court of Virginia Beach in the decision, A. J. Alexander v. Kandarp Shah, MD, PC, decided in 1995. The plaintiff was employed by the defendant medical practice as a gastroenterologist, pursuant to a written employment contract. The parties…

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DOCTORS AND NON-COMPETES: CASE #8 150 150 Dan Frith
  • Dan Frith

DOCTORS AND NON-COMPETES: CASE #8

The City of Norfolk Circuit Court provides the next physician non-compete case of interest. The case, Denton Weiss v. E.V.M.S Academic Physicians and Surgeons Health Services Foundation, was decided in 2005. Dr. Weiss and EVMS entered into an employment agreement which contained a non-compete provision. Problems arose in the employer-employee relationship and Dr. Weiss asserted…

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DOCTORS AND NON-COMPETES: CASE #1 150 150 Dan Frith
  • Dan Frith

DOCTORS AND NON-COMPETES: CASE #1

One of the first reported (and important) cases involving doctors and non-compete contracts arose in Richlands, Virginia, a town in Tazewell County. The case, Clinch Valley Physicians, Inc. v. Luis Garcia, MD, was decided by the Virginia Supreme Court in 1992. Clinch Valley Physicians, Inc. (CVP) was a professional corporation whose shareholders were physicians. Each…

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