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Proving the defendant was a distracted driver 150 150 Lauren Ellerman

Proving the defendant was a distracted driver

A few years ago I wrote and published an article in the Virginia Trial Lawyers Magazine about proving liability in an accident case where the defendant in a car or truck accident was a distracted driver. Cell phone records are the best place to start, but did you know that commercial drivers are prohibited by federal law…

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The other Commonwealth gets it right! 150 150 Lauren Ellerman

The other Commonwealth gets it right!

I just read a great article on a movement in Massachusetts where Governor Patrick is recommending the state outlaw (I just love using that word though it is not correctly used here) non-competition agreements in the Commonwealth. According to the author, Attorney Michael Bunis, Governor Patrick proposed a legislative package that would eliminate non-compete agreements, on…

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Even the federal government knows nursing homes are hurting and killing people! 150 150 Lauren Ellerman

Even the federal government knows nursing homes are hurting and killing people!

So one plus of having billions of our tax dollars going to pay for Granny’s nursing home stay (Medicare pays first 100 days typically and then if Granny qualifies, Medicaid pays the remainder) is that the feds keep a close eye on their money. And last year, the feds released a four year study that…

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Spinal Cord Stimulators and Paralysis: This Should Not Happen 150 150 Dan Frith
  • Dan Frith

Spinal Cord Stimulators and Paralysis: This Should Not Happen

Today’s Wall Street Journal (4-16-14) contains a disturbing medical report.  The article is titled, “When Spine Implants Cause Paralysis, Who is to Blame?” Spinal cord stimulators are used to relieve back pain.  Typically, a surgeon places electrodes along the spine.  Extension wires run from the electrodes to a pulse generator which sends low currents of…

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Criminal conviction stands for neglect in group home 150 150 Lauren Ellerman

Criminal conviction stands for neglect in group home

In November of last year a Southside Virginia group home operator was convicted and sentenced for criminal abuse and neglect for failing to obtain sufficient medical care for an injured group home resident. The Court of Appeals in Virginia, has just upheld the court’s conviction. Often we will receive calls from family members whose loved…

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Once again, the Court surprises me in a non-compete case 150 150 Lauren Ellerman

Once again, the Court surprises me in a non-compete case

I recently learned of a case out of Eastern Virginia  – Depuy Synthes Sales Inc. v. Jones – where employees of one medical device manufacturer (Depuy), left to join a competing company (Sky Surgical) and were quickly sued by their former employers. In the lawsuit, it was alleged the employees violated their contracts, (non-compete and non-solicitation…

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Wait Times in Hospital Emergency Departments 150 150 Dan Frith
  • Dan Frith

Wait Times in Hospital Emergency Departments

I bet many of those reading this post have experienced their local emergency room…and it probably was not a good experience.  Under-staffed and over-crowded emergency departments seem to be the norm, not the exception. I just found an interesting site on the Internet which lets you compare the average waiting times for emergency departments.  The site is called…

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Nursing Homes can be Bad for your Health 150 150 Dan Frith
  • Dan Frith

Nursing Homes can be Bad for your Health

Did you know that more than 1 out of every 5 (22%) Medicare beneficiaries experience lasting harm from their stay in a nursing home? Did you know that nearly two-thirds (59%) of the above “adverse events” were deemed preventable by physicians who reviewed the circumstances which lead to the residents’ harm? Did you know that…

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Health Wagon helping Southwest Virginia 150 150 Lauren Ellerman

Health Wagon helping Southwest Virginia

Last night I watched a wonderful and heart warming story about healthcare in Southwest Virginia. 60 minutes Health Wagon story– Watch it here. Doctors and nurse practitioners in our region giving free medical care to those who need it. Often these folks are the working poor, not eligible for Medicaid but unable to afford health…

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Trucking Accident on 1-77 / 1-81 Wythe County Virginia 150 150 Lauren Ellerman

Trucking Accident on 1-77 / 1-81 Wythe County Virginia

It is an all too familiar tale – 2 dead in tractor trailer incident in Wythe County Virginia.   Our local interstate system, specifically 1-81 and 1-77 are notorious for life altering and ending tractor trailer accidents. Two years ago our firm represented a man who was in terrible accident near the 1-77 / 1-81 interchange in…

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Patients in the Emergency Room: Who are they? 150 150 Lauren Ellerman

Patients in the Emergency Room: Who are they?

I recently read an article in the Roanoke Times written by Leana Wen, MD, an emergency physician at George Washington University in Washinton, DC.  The article was titled, “The 10 Types of ER Patients,” and it was not very complimentary of the individuals who rush to their local ER department due to a health concern. …

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The blessing and curse of technology 150 150 Lauren Ellerman

The blessing and curse of technology

By: Amit Patel I attended a most informative class last week, given by a computer forensic expert. This man is hired (often by attorneys) to examine phones, computers, and other devices, to search for electronic evidence in civil and criminal lawsuits. In one suit he may be looking for evidence of child porn to convict…

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