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Hospital Discharges for Peak Profit? 150 150 Lauren Ellerman

Hospital Discharges for Peak Profit?

Most of us take for granted that we and the ones we love would only be discharged from a hospital when we are actually medically ready to be discharged.  A recent report by the Wall Street Journal suggests that at least part of the equation for some hospitals is maximizing profitability. Long-term acute care facilities operate…

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Why Medicare Ratings for Nursing Homes matter 150 150 Lauren Ellerman

Why Medicare Ratings for Nursing Homes matter

Would you eat at a restaurant the local health department has rated a D in food safety? Probably not knowingly. So why then, do families place their loved ones in facilities that Medicare has openly rated a 1 out of 5 stars on patient safety? Hopefully, families don’t do this knowingly. They sadly didn’t realize…

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Noncompete agreements for governmental contractors – what those big legal words actually mean! 150 150 Lauren Ellerman

Noncompete agreements for governmental contractors – what those big legal words actually mean!

Over the last nine years, we have represented hundreds (yes, I think I can say that fairly) of individuals that serve as a contractor to some governmental agency. No, they are no employees of DOD, or DHS, or the FDA, they are hired by third parties to staff projects, or work for these agencies. And,…

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Healthcare in America: For Better or Worse 150 150 Dan Frith
  • Dan Frith

Healthcare in America: For Better or Worse

I cringe when I hear a friend boldly state that “America has the best healthcare in the world.”  Granted, we are pretty good at some things but not for others, and the exhoribant and increasing costs of healthcare is a topic for another day. Over 5 years ago Medicare decided to create a list of preventable medical mistates…

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Liquidated Damages Provisions – are they valid? 150 150 Lauren Ellerman

Liquidated Damages Provisions – are they valid?

  What is a liquidated damages provision, and why should you care? Just this morning I was reviewing a Release / Non-Compete Agreement that contained language like the following: The parties agree to liquidated damages in the amount of $10,000. What does that really mean? 1. Depends on state law Well to begin, what it…

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An exclusive club with an entrance fee of $100,000? 150 150 Lauren Ellerman

An exclusive club with an entrance fee of $100,000?

A friend and fellow Virginia lawyer has just published a great blog about continuing care retirement communities. You know, those fancy retirement communities with golf carts, fine dining and outdoor pools? Robert Haley, Esquire of www.vaelderlaw.com advises clients who are making retirement plans, drafting Wills, Trusts, etc. and often helps clients evaluate the contractual agreements…

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Costs of a Virginia Medical Malpractice Lawsuit 150 150 Lauren Ellerman

Costs of a Virginia Medical Malpractice Lawsuit

Sadly, the legal profession has perpetuated a myth that victims of malpractice do not owe anything on their cases, but for attorneys fees at the end of the case. This is a sad myth because it is no where near reality. Perhaps it’s like buying a car. You think the sticker price is the amount…

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Never look a severance in the mouth 150 150 Lauren Ellerman

Never look a severance in the mouth

I know, odd title. Years ago I worked in Loudoun County Virginia for a great General Practice Law Firm (Sevila, Saunders, Huddleston & White) and my old boss used to handle traffic, DUI cases. He would tell clients “never look a gift reckless” in the mouth.. obviously referring to the phrase never look a gift…

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Heart Attacks: Where you have one may determine if you survive. 150 150 Dan Frith
  • Dan Frith

Heart Attacks: Where you have one may determine if you survive.

A very interesting, and disturbing, article appeared in today’s Wall Street Journal.  The article, “No Place for a Heart Attack” presents some facts that might surprise you: 1.  More than 200,000 Americans experience a heart attack each year. 2.  Approximately 10,000 of those people (5%), experience their heart attack while already hospitalized for an illness…

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Nursing Homes – summer camp? Or 150 150 Lauren Ellerman

Nursing Homes – summer camp? Or

I read a wonderfully positive and happy account of life in a retirement community in the New York Times today. It paints a picture of fellowship, wellness, art, music and gracious retirement living. The golden years. Imagine a couple, smiling, with a golf cart, or a delicious meal and glass of wine before them. Imagine a…

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Fall Risks and Plans to Prevent Falls 150 150 Lauren Ellerman

Fall Risks and Plans to Prevent Falls

I posted this on our medical malpractice blog (medmalresources.com) and think it is at least as applicable for nursing home residents and their families. When a patient presents a fall risk and a nursing home or hospital knows it, it makes sense to have a plan to prevent falls. A recent case out of federal…

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Fall Risks and Plans to Prevent Falls 150 150 Lauren Ellerman

Fall Risks and Plans to Prevent Falls

When a patient presents a fall risk and a nursing home or hospital knows it, it makes sense to have a plan to prevent falls.  A recent case out of federal court in the Eastern District of Virginia confirmed that, yes, the failure to make a care plan to prevent falls for a patient known to…

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