Law Firm Resources & News

  • All
  • Nursing Home Negligence
  • Uncategorized
  • Virginia Nursing Homes
AGITATION = UTI, NOT EXCUSE FOR MORE ATIVAN 150 150 Lauren Ellerman

AGITATION = UTI, NOT EXCUSE FOR MORE ATIVAN

I want a dollar for every case I have reviewed, wherein an ambulatory (walking) nursing home resident is over-medicated so they won’t bother the nursing staff any more. No, that is clearly not in the records, but you will see: Nurses Note:– pt. ambulating up and down hall. Redirected to room. .25 mg of Ativan,…

read more
PLEASE GET IT IN WRITING 150 150 Lauren Ellerman

PLEASE GET IT IN WRITING

Did your employer promise they would not seek enforcement of your non-compete? Did she promise you a bonus in exchange for signing a non-compete? Did your job duties change, such that you should get a raise? Did the boss say “not to worry” because if they had to lay you off due to the economy,…

read more
FUNERAL HOME NEGLIGENCE 150 150 Lauren Ellerman

FUNERAL HOME NEGLIGENCE

A few years ago, we handled a funeral home negligence case. Apparently, negligence occurs more than you would think in funeral homes. What is funeral home negligence?Well, if the facility mis-treats your loved ones’ body, fails to care for it in the way you contracted, and it causes you emotional distress, that would be a…

read more
CAN THEY FIRE ME FOR….? 150 150 Lauren Ellerman

CAN THEY FIRE ME FOR….?

In Virginia, can my employer: 1. Fire me for not signing a non-compete? YES 2. Fire me for not telling them I was under a non-compete when I took the job? YES 3. Fire me for discussing possible breach of my non compete with a co-worker? YES 4. Fire me because they don’t like my…

read more
ROMANCE AND EMPLOYMENT AGREEMENTS 150 150 Lauren Ellerman

ROMANCE AND EMPLOYMENT AGREEMENTS

I am a romantic…and want to share with you a love story: Boy meets girl. Girl immediately likes boy. Boy is head over heels for girl. They date the obligatory 9 months, he calls her Dad and asks for permission to marry.Suspecting something is going on, Girl dresses extra special for Saturday date, perfume, heels,…

read more
WOMAN ESCAPES FROM NH AND DIES IN THE COLD 150 150 Lauren Ellerman

WOMAN ESCAPES FROM NH AND DIES IN THE COLD

I hate to read this – but again, elderly person with cognitive problems elopes from Nursing Home and dies. According to the Chicago Tribune, however, the employee that ignored the alarm indicating the resident had eloped, has been charged: An Itasca nursing home employee watched three straight episodes of “Dog The Bounty Hunter” and “shrugged…

read more
SUPREME COURT RULES AGAINST DRUG COMPANIES 150 150 Lauren Ellerman

SUPREME COURT RULES AGAINST DRUG COMPANIES

March 4, 2009 The Supreme Court ruled 6-3 that a Vermont woman can sue Wyeth for injuries she suffered after receiving one of the drug maker’s medicines. The ruling affirms an opinion by the Vermont Supreme Court, which upheld a $6.7 million verdict in favor of Diana Levine, who lost an arm to gangrene after…

read more
NURSING HOMES FOR VETERANS IN SOUTHWEST VIRGINIA 150 150 Dan Frith
  • Dan Frith

NURSING HOMES FOR VETERANS IN SOUTHWEST VIRGINIA

The Lynchburg daily newspaper (The News and Advance) ran an article today about nursing home resources and options for military veterans. It is a good article. It describes how the Veteran’s Health Administration (VHA) provides nursing home services to veterans through three national programs: VA owned and operated nursing homes, state veterans homes owned and…

read more
CONGRESS HELP US ON ARBITRATION 150 150 Lauren Ellerman

CONGRESS HELP US ON ARBITRATION

There is an article in McKnight’s today: Another bill that would prohibit pre-admission arbitration clauses panned by nursing home operatorsMarch 02 2009 U.S. Rep. Linda Sanchez (D-CA) on Friday re-introduced a bill that would prohibit nursing home and assisted living operators from including pre-dispute arbitration clauses in their admissions contracts. Providers wasted no time attacking…

read more
GARDEN-LEAVE EMPLOYMENT CONTRACTS 150 150 Dan Frith
  • Dan Frith

GARDEN-LEAVE EMPLOYMENT CONTRACTS

What are Garden-Leave employment agreements? They are agreements which pay the terminated or departed employee for not competing with his/her old employer. Want an example? In Bannister v. Bemis Co., Inc., (2009 U.S. App. LEXIS 3648, 8th Cir. Feb. 25, 2009) a Garden-Leave clause was examined by a federal court in Arkansas. Bannister served as…

read more
CHOICE OF LAW IN EMPLOYMENT CONTRACT 150 150 Lauren Ellerman

CHOICE OF LAW IN EMPLOYMENT CONTRACT

If you have a non-compete Agreement, or any employment agreement, it likely has what we call “A choice of law provision” in it.. That means, the parties agree to be bound by the laws of a specific state. Sometimes you will find Arbitration Agreements in the contract, where parties (or just one party) waive their…

read more
MEDICAID SPEND DOWN 150 150 Lauren Ellerman

MEDICAID SPEND DOWN

Let me guess… Someone just told your family that (1) nursing home is $6000 a month; (2) you have to spend your own money before you can qualify for Medicaid; (3) if you spend your Money incorerctly, you may not qualify for Medicaid. WELL – HERE IS MY ADVICE. Find a Medicaid attorney in your…

read more
Back to top