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Lawsuits and Non-Compete Agreements 150 150 Dan Frith
  • Dan Frith

Lawsuits and Non-Compete Agreements

I hate noncompete employment contracts.  These contracts inhibit innovation and crush the soul (and finances) of young entrepreneurs who want to be the next Bill Gates, Steve Jobs, or even Walt Disney.  Unfortunately, these restrictive contracts are becoming more and more common. We see them in every job or profession from doctors to retail salesman to…

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Filing a Complaint Against a Virginia Nursing Home 150 150 Lauren Ellerman

Filing a Complaint Against a Virginia Nursing Home

Every day we get calls from families who believe their loved ones have been neglected, mistreated, ignored or harmed in a Virginia nursing home. And everyday I explain that in order to file a lawsuit against a nursing facility, you must prove their action was (a) negligent; that (b) their negligence was a proximate cause…

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Should I Have My Employment Contract Reviewed? 150 150 Lauren Ellerman

Should I Have My Employment Contract Reviewed?

So, you have an employment contract. It’s a brand new job and you are new to the industry. If you want to protect your rights in the workplace, it is important to have an attorney briefly review your agreement. Before you start working, is this a good time to have an employment lawyer in your state review…

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Over-Medication of Virginia Nursing Home Residents 150 150 Lauren Ellerman

Over-Medication of Virginia Nursing Home Residents

The over-medication of nursing home patients is a major problem. By overmedication, I don’t mean too many pills for various acute or chronic conditions – but rather, whether patients are given too much of a medication such that their behavior was altered, or their behavior subdued. Think overdose. Think somnolent, sleepy, not easy to awake, “out of it,”…

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Record Verdict Against Nursing Home Chain 150 150 Lauren Ellerman

Record Verdict Against Nursing Home Chain

The law in every state can be slighty different. In one state, you can ask a jury for any amount of money to fix the mistakes made by the defendants. In other states you can ask the jury for punitive damages, which is not to compensate the loss of the plaintiff, but to punish the company…

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Knock Knock. Who’s There? The Truth. 150 150 Lauren Ellerman

Knock Knock. Who’s There? The Truth.

Lawyer jokes are sometimes funny, and sometimes true. But any joke where the punchline confuses “lawyer and liar” is not funny to me. Not funny at all. I believe telling the truth is actually my job, and I expect my clients will take the same approach to truth telling.    In fact, the few times I have had…

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The Law’s Limits in Nursing Home Neglect and Abuse Cases 150 150 Lauren Ellerman

The Law’s Limits in Nursing Home Neglect and Abuse Cases

Our law firm represents nursing home residents and their families in tragic cases of nursing home neglect and abuse. We do everything in our power to vindicate the resident’s rights under Virginia law. But sadly, the law’s limits prevent us from the following understandable requests: – “I want you to shut that nursing home down.”…

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Please, Do Not Trust Your New Employer to Interpret Your Non-Compete Clause 150 150 Lauren Ellerman

Please, Do Not Trust Your New Employer to Interpret Your Non-Compete Clause

We hear this too often: “If I had known I wouldn’t be able to call my old customers, I would never have taken this new job. I told them when they offered me the job I had a non-compete and they told me it wasn’t a problem. And now,  I may get sued, or lose…

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What Florida v. Zimmerman Teaches Us About the Justice System 150 150 Lauren Ellerman

What Florida v. Zimmerman Teaches Us About the Justice System

I remember the day the jury returned the verdict acquitting O.J. Simpson. I was a senior in high school (yes, that dates me) and our school cancelled class to gather us in Gills Hall and watch the foreman read the jury’s verdict live.  I believe it was an attempt to teach us something about the judicial…

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Granny Cams and Nursing Homes 150 150 Dan Frith
  • Dan Frith

Granny Cams and Nursing Homes

I have blogged on this topic before.  The use of hidden cameras in nursing homes to “catch” bad guys neglecting or abusing the elderly is a damn good use of technology.  My home state of Virginia has guidelines for the use of hidden cameras which protect patient privacy yet expose staff (and sometimes other residents)…

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Experts in Medical Malpractice Cases: Where do we find them? 150 150 Dan Frith
  • Dan Frith

Experts in Medical Malpractice Cases: Where do we find them?

Medical Malpractice cases are truly “battles of the experts.”  The plaintiff, patient, or patient’s family must present expert testimony from a qualified expert that the defendant doctor, hospital, etc. deviated from the accepted standard of care (i.e. negligence).  Secondly, there must be expert testimony that the patient’s death or injury was directly caused by the treating…

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Nurse Blows the Whistle on Bad Nursing Home 150 150 Dan Frith
  • Dan Frith

Nurse Blows the Whistle on Bad Nursing Home

I just have to share this story from the Imperial Gardens Health and Rehabilitation Center in Madison, Tennessee.  It appears this nursing home hired a temporary nurse to work at the facility.  The nurse, a LPN, was shocked at the poor care being provided to the facility’s residents.  The nurse was working at Imperial Gardens when a technician…

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