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Nothing new under the sun in Virginia Medical Mlpractice, I just can’t speak about it! 150 150 Lauren Ellerman

Nothing new under the sun in Virginia Medical Mlpractice, I just can’t speak about it!

My Mom used to say the following (with some frequency): There is nothing new under the sun.  What did she mean? Only that things often repeat themselves. Maybe not to the same people, or at the same time, but we are creatures of habit and as humans, we make the same mistakes.  In my line…

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What is the cost of nursing home care in Virginia and how do you know? 150 150 Lauren Ellerman

What is the cost of nursing home care in Virginia and how do you know?

Can you imagine walking into Kroger and there are three prices on a jug of milk. What if the tag said: $2.00 if you are a single Mom $3.50 if you are 65 or older $6.00 if you have a job and or retirement account Wouldn’t you be surprised? Upset? Bothered by this? Well, in…

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Non-Competes and Virginia’s Constitution 150 150 Lauren Ellerman

Non-Competes and Virginia’s Constitution

There is nothing on Virginia’s ballot this November that relates to non-compete agreements. My efforts have not been that successful.  Nor is there a law likely to pass in the Virginia General Assembly this Winter that in any way impacts restrictive covenants in Virginia employment agreements.  Right now, the law in Virginia is basically –…

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Pressure Ulcers / Injuries in Virginia Nursing Homes 150 150 Lauren Ellerman

Pressure Ulcers / Injuries in Virginia Nursing Homes

Again, this week, I received a call from someone who was shocked to learn their Mother had developed significant pressure ulcers at a local nursing home, and now they were infected. Pressure Ulcers have gone by many names is the last 10-15 years: bed sores; pressure sores; pressure ulcers, and now the people who write…

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Doctor admits lying in support of colleague at trial! 150 150 Dan Frith
  • Dan Frith

Doctor admits lying in support of colleague at trial!

My firm handles medical malpractice cases and it never ceases to amaze me how defense lawyers, hired by the medical malpractice insurance companies who insure the defendant doctor, always find some well-credentialed and well-educated doctor to come to trial and testify that the defendant did nothing wrong.  We have seen some unbelievable situations.  Recently, a well-traveled…

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How to pick a surgeon 150 150 Dan Frith
  • Dan Frith

How to pick a surgeon

If you need emergent surgery, there is no decision to make.  You take whomever the hospital assigns or whomever is available. But what about elective surgeries like hip or knee replacements… or a heart valve repair…or certain cancer surgeries?  For me, I would always choose the surgeon with the most experience.  The surgeon who has…

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Non-Compete 101 150 150 Lauren Ellerman

Non-Compete 101

We live in a professional culture where men and women feel some kind of stigma or embarrassment in asking for help. We are asked to sign a 38 page Mortgage contract, and we sign the document without inspection review or asking a professional for help in understanding the terms. Three years later our mortgage payment…

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Why does the nursing home want you to agree to give up your right to a jury trial and sign an arbitration agreement? 150 150 Lauren Ellerman

Why does the nursing home want you to agree to give up your right to a jury trial and sign an arbitration agreement?

Whether you realized or not, when you signed the contract for your cell phone, you likely signed what is called an Arbitration Agreement. It likely said something like: The Purchaser agrees to waive her or her right to bring any action against the Cell Phone company in state or federal courts, but instead agrees to…

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Why is my lawyer being so nice to the other guy’s lawyer? Is that good or bad? Does it matter? 150 150 Lauren Ellerman

Why is my lawyer being so nice to the other guy’s lawyer? Is that good or bad? Does it matter?

A loved one tells a story about a lawsuit he was involved in many years ago. His business was being sued for unfair competition, and after a day of very intense and heated depositions, the client saw his lawyer and the other side’s lawyer having a beer at the hotel bar. My loved one was…

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But the doctor said if I had gotten there earlier….. 150 150 Lauren Ellerman

But the doctor said if I had gotten there earlier…..

Doctors are people. Just like the rest of us. They have specialized training, and a skill set many of us do not have, but like all of us – they are human. And, it is (in my experience and opinion) human nature to want to help your patients with information, but at the same time,…

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Picking your Virginia Medical Malpractice Lawyer 150 150 Lauren Ellerman

Picking your Virginia Medical Malpractice Lawyer

This week alone I have been invited to become: National Trial Lawyers – Top 100 Lawyers Something great with the American Institute of Personal Injury Attorneys Charter Member of a some Women’s Litigation Group Best Lawyers in America – Virginia, Medical Malpractice  Does that mean you should hire me? Absolutely not. Some if not most…

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Doctors Instructed to Go Light on Sedatives and Pain Meds to Move Patients Along? 150 150 Dan Frith
  • Dan Frith

Doctors Instructed to Go Light on Sedatives and Pain Meds to Move Patients Along?

Are you kidding me? A hospital taking short cuts to discharge patients too early in order to increase revenue? Erik Franck, MD, an anesthesiologist practicing at the Kaiser Permanente hospitals in the Portland, Oregon has filed a lawsuit against Northwest Permanente (a division of Kaiser Permanente) making these very allegations.  Dr. Franck believes Kaiser was more interested in…

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