Law Firm Resources & News

FAILURE TO DIAGNOSE AND TREAT CANCER CASES 150 150 Dan Frith

FAILURE TO DIAGNOSE AND TREAT CANCER CASES

I am proud of the Virginia General Assembly this past session. I know they fought like kids (disgracefully) over the appointment of judges but not all was lost. For many years, plaintiff’s in medical malpractice cases involving the misdiagnosis of cancer have been treated unfairly in Virginia. The unfairness arose from an onerous and often…

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PREEMPTIOn (which means you cannot sue a medical device company, because Federal law may prevent it) 150 150 Lauren Ellerman

PREEMPTIOn (which means you cannot sue a medical device company, because Federal law may prevent it)

On Wednesday, May 14th, victims of faulty medical devices and dangerous drugs will finally receive a voice in Congress. As you may recall, this past February the Supreme Court held that state tort claims regarding medical devices were preempted if the Food and Drug Administration had granted premarket approval for a medical device. The House…

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EPA SETTLES WITH LANDLORD OVER LEAD PAINT VIOLATIONS 150 150 Dan Frith

EPA SETTLES WITH LANDLORD OVER LEAD PAINT VIOLATIONS

This story comes to us from Spokane, Washington…but is equally applicable to about any city in America. A Spokane area landlord, has agreed to pay a $4,000 penalty to settle alleged violations of the Environmental Protection Agency’s (EPA) lead-based paint disclosure rules. The single family home used as rental property is considered by the EPA…

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DOCTORS AND BOOKS 150 150 Dan Frith

DOCTORS AND BOOKS

I try to read as many books written about and by medicine and the medical profession as I can. Frankly, I enjoy the reading and always learn something new. Today, I want to share (and recommend) two good books. Sacred Trust, written by Dr. Phyliss Hollenbeck is an excellent read and a very accurate critique…

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PLEASE CALL ASAP 150 150 Lauren Ellerman

PLEASE CALL ASAP

I received a call this week from a very kind, smart lady who was calling on behalf of her Aunt who was the victim of nursing home negligence. The lady told me – “I want to be upfront with you, this happened in 2006.” “When in 2006?” I asked. “May 14” she replied. YIKES. In…

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YOUR “RIGHTS” AGAINST MEDICAL DEVICE COMPANIES 150 150 Lauren Ellerman

YOUR “RIGHTS” AGAINST MEDICAL DEVICE COMPANIES

If the doctor puts a bad pace maker in your chest, and it causes problems such that you need additional medical care, you have the right to sue the pace maker company for damages, right? Sorry – this is a trick question. The Medical Device Amendments (federal law) prohibits (or preempts) state tort claims against…

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WEST VIRGINIA JUDGE APPROVES MALPRACTICE SETTLEMENTS 150 150 Dan Frith

WEST VIRGINIA JUDGE APPROVES MALPRACTICE SETTLEMENTS

Putnam County (Hurricane, WV) Circuit Court Judge O.C. Spaulding has approved settlements totaling $2.4 million for three malpractice lawsuits involving Dr. John A. King and Putnam General Hospital and the hospital’s former owner, Nashville, Tenn.-based Hospital Corporation of America Inc. Dr. King had practiced at Putnam General from November 2002 to June 2003. The lawsuits…

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Non-Competes: They Are Everywhere! 150 150 Dan Frith

Non-Competes: They Are Everywhere!

I try to get regular exercise, primarily running, biking, and lifting weights. My local athletic club is about 10 minutes from my office and 5 minutes from my house…so I really don’t have a good excuse not to work out! During my last trip to my athletic club I ended up talking with a young…

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IMPORTANT INFORMATION FOR CARDIAC PATIENTS IN VIRGINIA 150 150 Dan Frith

IMPORTANT INFORMATION FOR CARDIAC PATIENTS IN VIRGINIA

Everyone should be concerned about their heart. Most of us have family members or friends who have suffered from a heart attack or more minor heart problem. The consequences of these “cardiac events”can be devastating so do your homework before choosing a cardiologist or being admitted to your local hospital. The three basic types of…

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DISEASE OUTBREAK 150 150 Lauren Ellerman

DISEASE OUTBREAK

New disease outbreaks in China; 15K children infected By HENRY SANDERSONThe Associated Press Wednesday, May 7, 2008; 1:37 AM BEIJING — New outbreaks in China reported Wednesday put the number of children infected with hand, foot and mouth disease above 15,000 and the death toll has risen to at least 28 across the country. A…

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CAN YOU GET YOUR MEDICAL RECORDS? 150 150 Dan Frith

CAN YOU GET YOUR MEDICAL RECORDS?

Not one week goes by in our office without a caller telling us that their doctor or hospital or nursing home will not provide them with a complete copy of their medical records. Our response is always the same….UPON REQUEST YOU MUST BE GIVEN ALL OF YOUR MEDICAL RECORDS!! No ifs…ands…or buts. The only requirement…

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CASE REPORT: THE DANGERS OF TELERADIOLOGY 150 150 Dan Frith

CASE REPORT: THE DANGERS OF TELERADIOLOGY

Teleradiology, what is it? It is the electronic transmission of radiological patient images, such as x-rays, CT’s and MRI’s, from one location to another for the purposes of interpretation and/or consultation….and almost all hospitals today are using these services. Hospitals like to use teleradiology services because it provides around the clock professional services, often at…

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