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You don’t have a right to work in a right to work state 150 150 Lauren Ellerman

You don’t have a right to work in a right to work state

When you hear you work and live in a “right to work” state, please know, it has nothing to do with your non-competition agreement. In fact, all the federal right to work law says is that you cannot be forced to join a union. There you have it. If you live in a ‘Right to…

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Virginia Medical Malpractice Evidence 150 150 Lauren Ellerman

Virginia Medical Malpractice Evidence

I have spent the last month with my law partner Dan, gearing up for a malpractice trial that was supposed to start this week. The case has been post-poned for reasons beyond our control, but in preparing for the trial, I realized once again that while our civil justice system is to be admired, and…

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Southern Judge faces jail time in bribery from large nursing home after jury finds nursing home liable 150 150 Lauren Ellerman

Southern Judge faces jail time in bribery from large nursing home after jury finds nursing home liable

A little background. In the criminal justice system – the jury is asked to render their decision based upon the preponderance of the evidence, meaning, they are sure someone committed the crime. Our civil justice system has a lower burden of proof. the plaintiff must prove that someone was negligent, or owed them money, or…

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Virginia Health Information: “From Numbers to Knowledge” 150 150 Lauren Ellerman

Virginia Health Information: “From Numbers to Knowledge”

As consumers of health care, we face a lot of unknowns.  How much will care cost?  What hospital or doctor has experience with our conditions?  How long will I be in the hospital?  What kind of “customer service” can I expect? Virginia Health Information (VHI) is an organization whose aim is to help answer some…

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Non-Competes for Fast Food? Give me a Break! 150 150 Dan Frith
  • Dan Frith

Non-Competes for Fast Food? Give me a Break!

I have shared my views previously…I hate non-compete and non-solicitation contracts.  They are unfair, unnecessary, and limit entrepreneurial competition and innovation. I could not believe the recent reports that Jimmy Johns, a submarine sandwich franchise, required its employees to sign an oppressive and highly restrictive non-compete.  It has been reported the agreement prohibited employees from performing…

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Listening with intent. Processing deeply. 150 150 Lauren Ellerman

Listening with intent. Processing deeply.

A recent TED Radio Hour episode titled “Memory Games,” highlights the mystery of memories and how we create narratives about our life all the time.  The episode ends with the last speaker’s question to the audience: “…Our lives are the sum of our memories.  How much are we willing to lose by not paying attention…

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Carilion Clinic – Too Many Patient Complications 150 150 Dan Frith
  • Dan Frith

Carilion Clinic – Too Many Patient Complications

Our firm represents many patients of Carilion Roanoke Memorial Hospital and Carilion New River Medical Center (not to mention Carilion Giles Community Hospital, Carilion Tazewell Community Hospital, Carilion Stonewall Jackson Hospital, and Carilion Franklin Memorial Hospital) in claims of medical malpractice and medical negligence.  So, you might think I am biased if I reported that too…

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Why not all neglect meets the high standard for filing a lawsuit 150 150 Lauren Ellerman

Why not all neglect meets the high standard for filing a lawsuit

I had to tell a loving family member today that she didn’t have a lawsuit against a local nursing facility on her Father’s behalf. Though mistakes had been made, and the potential for harm existed, thankfully, their loved one was not injured, and under Virginia law, a claim or lawsuit alleging neglect would not be…

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Should the cost of healthcare influence the level of care? 150 150 Lauren Ellerman

Should the cost of healthcare influence the level of care?

I work with physicians on a weekly basis, and one thing I have found is that most doctors don’t know the cost of the care they are providing. They don’t know, because the cost of healthcare is tricky and not simple. Imagine going to the grocery store and there are four prices listed on a…

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Hate to say I told you so – Falls / Overmedication in Virginia Nursing Homes 150 150 Lauren Ellerman

Hate to say I told you so – Falls / Overmedication in Virginia Nursing Homes

It seems National Public Radio is digging in to America’s long term care industry and examining issues of patient safety and care. Last week they did a feature on falls. Yesterday this great feature aired about the use of anti-psychotic medications in elderly patients. Medications that the FDA warns should not be used in such…

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Fall Cases against Richfield Retirement Community 150 150 Lauren Ellerman

Fall Cases against Richfield Retirement Community

For years, we have represented victims of nursing home abuse and neglect victims throughout Western Virginia. Almost always, if the case settles, we are bound by a confidentiality clause that prohibits us to discuss the case, the outcome, etc. In yesterday’s Roanoke Times, a local Roanoke nursing home was featured, including our past cases. We…

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Falls in a Virginia nursing homes lead to death and serious injury 150 150 Lauren Ellerman

Falls in a Virginia nursing homes lead to death and serious injury

Take 5 minutes to listen to this very tragic but accurate report done by National Public Radio: http://www.npr.org/blogs/health/2014/12/01/366347840/broken-hips-preventing-a-fall-can-save-your-life. The sad fact is that falls can cause permanent injuries and death in elderly patients. In the last few years, we have represented MANY Virginia families in fall cases. Fall causes hip fracture, elderly man v. local…

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