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PLEASE GET ADVICE BEFORE YOU SIGN 150 150 Lauren Ellerman

PLEASE GET ADVICE BEFORE YOU SIGN

A friend recently hired a company to do extensive work on her home. The contract called for an arbitration agreement. My friend knew she didn’t want to agree to an arbitration agreement and was delighted when the contractor happily agreed to remove the provision. I would not be surpirsed at all if your new employer…

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ELDER ABUSE – NOT ENOUGH 150 150 Lauren Ellerman

ELDER ABUSE – NOT ENOUGH

Twice this week I have turned down cases where a nursing home was clearly negligent. Why would we turn these hurting families away? In Virginia you must prove two elements to successfuly pursue a claim of elder abuse or nursing home negligence. You must prove (1) that teh facility was negligent and (2) that their…

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MEDICARE DOESN’T COVER IT 150 150 Lauren Ellerman

MEDICARE DOESN’T COVER IT

I know you will be shocked to hear this – but it seems our health care laws, rules and regs, may not be serving Americans very well. In today’s Wall Street Journal, Laura Landro writes about the increased use of IV medical treatment for patients that need home in-fusion therapy. A;though private insurance often covers…

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NURSING HOME AIDE GOING TO JAIL 150 150 Dan Frith
  • Dan Frith

NURSING HOME AIDE GOING TO JAIL

This story should disturb everyone! A Portland, Oregon Judge ripped the staff for the deplorable conditions at the Gateway Care and Rehabilitation Center. An aide at the facility, Cammy Elaine Nye, dropped a 60 year old resident (Linda Ober) who broke her legs as a result. The worst part…the nursing staff allowed Mrs. Ober to…

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TIME FOR FLU SHOTS 150 150 Dan Frith
  • Dan Frith

TIME FOR FLU SHOTS

If you have elderly parents…tell them now is the time to get their flu shot! If you have elderly parents in a nursing home….just don’t tell them to get their flu shot…make them get the vaccination. Older adults are at the greatest risk of problems associated with the flu. Because older adults have reduced cough…

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NONCOMPETES AND TOUGH FINANCIAL TIMES 150 150 Dan Frith
  • Dan Frith

NONCOMPETES AND TOUGH FINANCIAL TIMES

The financial news is bleak! It certainly looks like the United States, and most of the rest of the world, is headed for some tough economic times. Many employees, who have not already signed a noncompete or non-solicitation agreement with their employers, can now expect their bosses to require the execution of these agreements. You…

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FINANCIAL KICKBACKS AND DOCTORS 150 150 Dan Frith
  • Dan Frith

FINANCIAL KICKBACKS AND DOCTORS

Years ago my firm handled multiple medical negligence cases against a local spine surgeon who operated on dozens of patients within a very short time of his arrival in our community. The patients all had various degree of low back pain and, invariably, the doctor would perform a surgery where lumbar discs were “fused” together…

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FUNERAL HOME NEGLIGENCE 150 150 Dan Frith
  • Dan Frith

FUNERAL HOME NEGLIGENCE

If a physician causes harm, it is medical malpractice. If a lawyer causes harm, it is legal malpractice.When a funeral home causes harm, it is Mortuary Malpractice… and this happens more than you think. Now, how could you claim “damages” to a person that is no longer alive? In two ways:(1) Emotional Distress of experiencing…

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FDA – FRIEND OR FOE? 150 150 Lauren Ellerman

FDA – FRIEND OR FOE?

Consumer advocates often criticize the Food and Drug Administration (FDA) for failing to miss substantial problems. Have you heard criticism for their approving drugs with terrible side effects? Or allowing contaminated drugs or food from China into the stream of commerce? Criticism aside, they are called to monitor safety of products, and report.One such report…

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IS THIS REASONABLE 150 150 Lauren Ellerman

IS THIS REASONABLE

I love the law – but sometimes it is not as clear as many would like. We receive many calls with the following questions:(1) I HAVE A NON-COMPETE, WHAT DO I DO? or (2) IS MY CONTRACT VALID? I tell prospective clients frequently, that I cannot tell them how to answer question 1. I will…

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DO HOSPITALS “PUSH” CERTAIN NURSING HOMES? 150 150 Dan Frith
  • Dan Frith

DO HOSPITALS “PUSH” CERTAIN NURSING HOMES?

I’ve just heard a story which, if true, bothers me a great deal. According to the story, it appears our local hospital, Carilion Roanoke Memorial Hospital, may have employees of a certain nursing home chain working in their hospital “assisting” discharged patients in finding an appropriate nursing home. Why would a hospital allow outside personnel…

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FIVE YEAR NONCOMPETE RULED TOO LONG 150 150 Dan Frith
  • Dan Frith

FIVE YEAR NONCOMPETE RULED TOO LONG

We recently represented a young professional forester who, upon graduation from Virginia Tech with a degree in forestry, was employed by a nearby forestry consulting company. As a part of his employment, our client was required to sign a noncompete agreement. Unbelievably, the noncompete stated that if our client left his job he was prevented…

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