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Emails: You might as well hand your ex-employer a gun! 150 150 Dan Frith
  • Dan Frith

Emails: You might as well hand your ex-employer a gun!

We represent employees is disputes against employers.  The cases may involve alleged violations of non-compete contracts, breach of fiduciary duty, misappropriation of trade secrets, etc.  One of the first things we tell new clients is not to destroy or delete existing emails (whether on the employer’s server or the employee’s home or spouses’s computer).  The…

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Comparing Hospitals: Which one is best for you? 150 150 Dan Frith
  • Dan Frith

Comparing Hospitals: Which one is best for you?

I get this question from friends and acquaintances all the time.  People know I represent the victims of medical negligence in the western half of Virginia and want to know which hospital is best.  The question is not an easy one to answer because it depends on the reason for your hospitalization.  One hospital may…

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What happens to my non-compete when my company is bought out? 150 150 Dan Frith
  • Dan Frith

What happens to my non-compete when my company is bought out?

We hear this question a lot and the answer depends on the wording of the non-compete contract. If the non-compete contract provides that the contract is “binding upon the parties’ successors and assigns,” it may be enforceable by the new owners of your old company.  If the non-compete contract does not provide that it is…

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Medical Malpractice Insurers and Dirty Business 150 150 Dan Frith
  • Dan Frith

Medical Malpractice Insurers and Dirty Business

Almost every hospital, doctor, and nurse in America has malpractice insurance which provides coverage in the event their acts of negligence (medical malpractice) causes injury or death to a patient.  Just like most lawyers have malpractice insurance in the event their mistakes cause harm to their clients.  This is a good thing. Now to the…

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Does your doctor have enough experience? 150 150 Dan Frith
  • Dan Frith

Does your doctor have enough experience?

I recently handled a medical malpractice case in which the patient encountered complications during surgery and died as a result.  Prior to surgery, the family was told by the surgeon that he was experienced in performing the surgery at issue and that “it wasn’t that big of a deal.” Guess what?  It was a big…

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New Doctors and Non-Compete Contracts 150 150 Dan Frith
  • Dan Frith

New Doctors and Non-Compete Contracts

We review a lot of physician contracts which contain non-compete restrictions.  If the contract is offered to a “new” doctor just out of his/her residency or fellowship program, we always suggest to our clients that they give serious thought to the potential situation where they move their entire family to a new city, find the cost…

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Don’t order the steak – trust me. 150 150 Lauren Ellerman

Don’t order the steak – trust me.

I am big on trust. I am big on “going with your gut.” But I am also very big on open and clear communication.  If you went to a restaurant and told the waiter, “I love steak. Steak is my favorite, what is your best beef dish?” And the server replied, “Order the pork-chop,” you…

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Can they do that? 150 150 Lauren Ellerman

Can they do that?

Families call our office all the time with the question, “Can they do that?” Meaning, can the nursing home: Change Mom’s Oxygen from 3L to 2L? Change Dad’s medications without notifying families? Discharge Grandmom on day 99 when her Medicare ends on day 100? Refuse to apply for Medicaid benefits but rather bill the family…

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Your electronic medical records are not always safe. 150 150 Lauren Ellerman

Your electronic medical records are not always safe.

Several years ago, doctors and hospitals started moving patient records away from paper and into electronic systems.  Electronic health records have a number of benefits, but a recent cyber attack demonstrates that they are not always safe.   The potential benefits of electronic health records for patient care are clear.  For example: It can be…

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Filing a Medical Malpractice Case is not for the weak or the timid 150 150 Lauren Ellerman

Filing a Medical Malpractice Case is not for the weak or the timid

This week, I watched a family who had suffered the worst healthcare crisis imaginable, listen while a stranger told them that settling their lawsuit would give them peace.  I know for a fact, when you lose a loved one, winning or losing a lawsuit does not bring peace. The loss still exists and is in no…

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Was that injury caused by neglect, negligence or was it the body’s nature course of action? 150 150 Lauren Ellerman

Was that injury caused by neglect, negligence or was it the body’s nature course of action?

Is a pressure ulcer (bed sore) the result of neglect or negligent care? Sometimes.  Is a fall the result of neglect or negligent care? Sometimes. Is a stroke the result of negligent care? Occasionally.  Is malnutrition or dehydration the result of neglect or negligent care? Often times. We have folks call our office, upset, angry,…

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Non-Compete Agreements, and the other team’s playbook 150 150 Lauren Ellerman

Non-Compete Agreements, and the other team’s playbook

Our office typically represents employees in business litigation disputes. Yes, we occasionally represent a company but more often than not, we are fighting for an employee who wants to continue work in his or her chosen profession. We do this by evaluating their contracts, the situation and facts, and  arguing (when it is appropriate to…

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