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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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Virginia medical malpractice because the Doctor is not a specialist 150 150 Lauren Ellerman

Virginia medical malpractice because the Doctor is not a specialist

If someone calls our office and asks us to draft a Deed of Trust, or help with their real estate purchase we decline.  If someone calls our office and needs help with a child custody or criminal issue, we decline and provide names of specialists in the area.  Yes, our attorneys studied these subjects in…

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Medical Errors: The Silent Killer in Medicine 150 150 Dan Frith
  • Dan Frith

Medical Errors: The Silent Killer in Medicine

We see preventable and avoidable medical negligence cases every day.  Cases in which someone loses a husband, wife, child, parent, or friend.  The number of people who are injured or killed by medical negligence is staggering.  Don’t take my word for it.  On September 22, 2015, the Institute of Medicine (IOM) released its report, “Improving…

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Virginia law on starting your own business 150 150 Lauren Ellerman

Virginia law on starting your own business

I’m sorry but the title of this article is sort of a trap.  I am not going to advise you on how to get your Federal EIN number, or business license through your locality, or even advise you whether an LLC or Corporation is best for your new business model.  My goal is simple. My…

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Hernia Repair Malpractice in Virginia 150 150 Lauren Ellerman

Hernia Repair Malpractice in Virginia

Just yesterday I was reading the medical records in a potential case, and I saw a Virginia surgeon write the following in a pre-op note for a patient who had a large hernia: Have explained to patient risks of procedure, including damage to liver, kidney, bowel, stomach and surrounding organs. Patient verbalizes understanding.  So I…

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Do Not Sign It! 150 150 Dan Frith
  • Dan Frith

Do Not Sign It!

I hate to over simplify the issue but if you are asked to sign a non-compete or non-solicitation contract as a part of a new job, don’t.  More precisely, do not sign a non-compete or non-solicitation contract without reviewing the contract, and its potential impact on your future and your ability to earn a living,…

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Does your employer think you are a risk or threat when you leave? Umm, yes. 150 150 Lauren Ellerman

Does your employer think you are a risk or threat when you leave? Umm, yes.

In many ways, employment litigation is like family law (now, keep reading – I have a point!).  When things end badly, people don’t trust each-other. They assume one party intends to cause harm and that no one is telling the whole truth.  When a good employee leaves to work for a competitor, or to start…

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