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Bad Blood – Is the company who provided the blood at fault? 150 150 Lauren Ellerman

Bad Blood – Is the company who provided the blood at fault?

In the 1980s we learned of horror stories where individuals in need of blood transfusions are told months later they have been given blood contaminated with HIV, Hepatitis, and other very lethal and life altering viruses.  But today is 2015, so can we assume that the blood being provided at our state of the art…

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Why medical malpractice? 150 150 Lauren Ellerman

Why medical malpractice?

Work is work, but meaningful work makes it so much more.  So why do I do medical malpractice law?   I attended a luncheon today honoring United States District Judge Elizabeth Dillon for her service to an organization.  Many local attorneys who do many different things (think Social Security disability to employment law to business…

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Myth Busting: Medical Malpractice Cases Do Not Raise Cost of Care 150 150 Dan Frith
  • Dan Frith

Myth Busting: Medical Malpractice Cases Do Not Raise Cost of Care

I recently attended a nice social gathering/cocktail party where the subject of my law practice came up for discussion.  Several people were interested in my medical malpractice cases (I shared no names… just facts) and I got the typical questions of, “who would you want to perform X surgery on you?” or “what hospital does the…

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Virginia Business Litigation Podcast – Episode 1, how to get sued by your past employer 150 150 Lauren Ellerman

Virginia Business Litigation Podcast – Episode 1, how to get sued by your past employer

Hey friends – Want to get sued when you leave your job? No? I’m shocked. If you don’t want to get sued, or receive a certified letter with lots of big legal words like Cease / Desist / Notwithstanding / and Aforementioned, where threats of a lawsuit are clearly printed on the page, take a few…

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Sometimes the Pathologist is Right 150 150 Dan Frith
  • Dan Frith

Sometimes the Pathologist is Right

A pathologist is a physician who examines tissues, checks the accuracy of lab tests, and interprets the test results in order to facilitate the patient’s diagnosis and treatment.  They often play a very important role in the correct diagnosis and treatment of patients…they just operate behind the scene and I recently read a case report which highlights…

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

Does your Surgeon have enough experience?

I get it…if a doctor tells us we need surgery we typically accept the recommendation and tell him/her to schedule the procedure.  This conversation happens thousands of times a day all over the United States.  But what if your surgery is a very complicated and involved procedure like bariatric surgeries, gastric bypasses, pancreatic surgery, aortic…

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Why third party liens can make or break your case 150 150 Lauren Ellerman

Why third party liens can make or break your case

Sometimes, we turn down valid cases because it doesn’t make sense for a family to pursue a case and end up with nothing.  Often we turn down cases because we know families will be disappointed when only the attorneys, experts and government recovers in a case.  More often, we turn down a case because the potential…

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Why Does Carilion Settle Cases in Outlying Courts? 150 150 Dan Frith
  • Dan Frith

Why Does Carilion Settle Cases in Outlying Courts?

Laurence Hammack wrote an interesting article in the October 11, 2015 edition of the Roanoke Times titled, “Pattern of settling lawsuits against Roanoke-area hospitals makes them hard to find.”  The article addressed the practice by Carilion, with the approval of the involved attorneys and parties, of dismissing (or “nonsuiting” which will be explained below) wrongful death cases filed…

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Dan Frith – Best Medical Malpractice / Personal Injury Plaintiff’s Lawyer 150 150 Lauren Ellerman

Dan Frith – Best Medical Malpractice / Personal Injury Plaintiff’s Lawyer

My law partner T. Daniel Frith, III (Dan) has been named Best Lawyer in America for Medical Malpractice and Plaintiff Personal Injury for the last ten years.  The letter he received states: “through this distinction you have proven to be a consistent and dedicated member of the law community and deserve to be recognized.” What…

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The When and How of a Settlement Demand – Trial Magazine 150 150 Lauren Ellerman

The When and How of a Settlement Demand – Trial Magazine

I suppose I could pretend some third person was writing this post about a recent article I authored in Trial Magazine. Something like “Frith and Ellerman is proud to announce partner Lauren Ellerman was recently published by Trial Magazine… blah blah blah..” But, you, astute reader, would see that I am writing this blog myself,…

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Virginia nursing home wound care negligence 150 150 Lauren Ellerman

Virginia nursing home wound care negligence

  I was meeting with a family this week and they mentioned home health had been giving their loved one care for months when he developed two heel ulcers. They went on to explain that home health never mentioned the ulcers, told the doctors about the ulcers, or explained what had happened to the patient. …

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Bad Behavior gets Virginia Employees sued! 150 150 Lauren Ellerman

Bad Behavior gets Virginia Employees sued!

I am a student of human nature. I like to understand what motivates people, and what makes them tick.  I have practiced law for over ten years in various different specialties,  most recently non-compete and business tort litigation on behalf of employees.  And in many of the cases where a Virginia employee is sued, I see…

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