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Legal obligations of employees, not spelled out in their employment contracts 150 150 Lauren Ellerman

Legal obligations of employees, not spelled out in their employment contracts

Is anyone surprised that VW is getting heat from owners for their fraudulent sensors? No. As a VW Diesel owner, I can tell you I didn’t sign an agreement with VW that states “VW promises the sensors found in the vehicle are correct and have not been altered,” but yet, there are state and federal…

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Speaking out about veterans’ care 150 150 Lauren Ellerman

Speaking out about veterans’ care

The first time I had a case involving the medical care a patient received at a VA facility, I was surprised to learn that one of the doctors (a former VA employee) had major complaints about the VA himself.  Since then, I have had another case where an ex-VA doctor was willing to speak out…

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Hospital and Doctor Fight over Non-Compete: The Patients Lose 150 150 Dan Frith
  • Dan Frith

Hospital and Doctor Fight over Non-Compete: The Patients Lose

A recent newspaper article from West Virginia reported on a case where a hospital sued a doctor, alleging he broke his non-compete agreement with the hospital. The lawsuit alleges the doctor became a staff physician at Wheeling Hospital on April 1, 2010, and continued until March of this year, when he informed supervisors of his intent to…

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Was your surgeon with you the entire time of your operation? Maybe not. 150 150 Dan Frith
  • Dan Frith

Was your surgeon with you the entire time of your operation? Maybe not.

It is called “concurrent surgery” or “double-booking.” One surgeon schedules two surgeries (for two different patients) in two different operating rooms at the same time. Here is how it works.  Let’s say two of  Dr. John Smith’s patients are scheduled for hip replacement surgery next Wednesday, both procedures starting at 7:30AM.  Both patients show up at the hospital…

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Doctor’s role in Virginia Nursing Homes 150 150 Lauren Ellerman

Doctor’s role in Virginia Nursing Homes

In most Virginia nursing homes, there is no doctor on staff. Rather, the facility will subcontract with a doctor to serve as the medical director,  who then only enters the facility to see patients when they are sick and a change of condition has occurred, or Medicare paperwork is to be signed and submitted.  Loved…

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There is nothing worse than losing a child – but what if the loss was preventable? 150 150 Lauren Ellerman

There is nothing worse than losing a child – but what if the loss was preventable?

  Families of medical malpractice often wonder to themselves whether the loss, or injury their loved one suffered was preventable. And many more have wondered what can be done in the future to prevent  it from happening again – to some other family.  But no one wonders this more, than parents who have suffered the…

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Did your hospital tell you that a mistake was made? 150 150 Dan Frith
  • Dan Frith

Did your hospital tell you that a mistake was made?

Mistakes happen and when they happen in a hospital setting patients get injured and sometimes die.  More than 400,000 Americans die annually in part because of avoidable medical errors, according to a 2013 estimate published in the Journal of Patient Safety. In 2008, the most recent year studied, medical errors cost the country $19.5 billion, most…

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Much deserved recognition for Lauren Ellerman 150 150 Lauren Ellerman

Much deserved recognition for Lauren Ellerman

I work with capable and skilled attorneys who also happen to be great people.  I know that, but it is especially nice when a reputable outside organization thoroughly vets them and says so, too.   The Virginia Law Foundation tagline is “promoting through philanthropy the rule of law, access to justice, and law-related education.”  It…

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Researcher Finds Understaffing, Poor Work Conditions Can Lead to Elder Abuse in Nursing Homes 150 150 Dan Frith
  • Dan Frith

Researcher Finds Understaffing, Poor Work Conditions Can Lead to Elder Abuse in Nursing Homes

That’s right.  You heard it here first!  Breaking news! I recently ran across an article which reported on a researcher’s effort to determine the causes elder abuse in nursing homes. The researcher, Carolyn Pickering, spoke with the first line care givers at nursing homes, the nursing aids, and she learned that understaffing (too many residents for too few…

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Virginia Business Litigation Podcast 2 – When an employee breaches her fiduciary duty of loyalty under Virginia law 150 150 Lauren Ellerman

Virginia Business Litigation Podcast 2 – When an employee breaches her fiduciary duty of loyalty under Virginia law

Virginia Employees: Did you know you owe your employer a duty of loyalty? Even independent contractors owe such a duty while employed or in service of a company.  Want to learn how to transition from one job, to another without breaching your duty of loyalty? Enjoy Virginia Business Litigation Podcast 2 – 10 minutes may…

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Virginia elder abuse attorneys 150 150 Lauren Ellerman

Virginia elder abuse attorneys

The baby boomers are learning the hard way, what happens when a loved one is neglected by a Virginia nursing home, home health agency or long term care facility.  They are realizing how hard it is to advocate for quality care when they have jobs to maintain, families to care for, and homes to run. …

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Virginia Veterans Administration – our Veterans deserve better care! 150 150 Lauren Ellerman

Virginia Veterans Administration – our Veterans deserve better care!

This year, like most years, our office received calls from veterans who served in Vietnam, Korea, Iraq, Afghanistan and in combat zones across the globe.  They don’t call us because their loved ones were injured overseas, they call us because their loved ones were injured by negligent and substandard medical care here in Virginia. Care…

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