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Proving Abuse or Neglect in a Virginia Nursing Home 150 150 Lauren Ellerman

Proving Abuse or Neglect in a Virginia Nursing Home

I took a stack of records home last night to look through them. No, not music records: medical records and nursing home records. I spent time pouring through each page trying to decipher the following: 1. Did the nursing home recognize this patient’s needs? 2. Did they plan to provide for these needs? 3. Did…

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They Sued Me: Can I Sue Them for Preventing Me from Working? 150 150 Lauren Ellerman

They Sued Me: Can I Sue Them for Preventing Me from Working?

Here is a common scenario if you wait too long to review your non-compete contract. A client has left their job and wants to start a new business or join a competitor. After a careful review of the non-compete contract, we offer the following no-nonsense advice: “Your contract seems valid under Virginia law – it’s limited…

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Right to Privacy at Your Desk in Virginia 150 150 Lauren Ellerman

Right to Privacy at Your Desk in Virginia

I just love true or false quizzes. Seriously. LOVE. THEM. So here is one for a spring Monday afternoon: POP QUIZ 1. You have a right to privacy at work. Which protects your personal email if accessed on company phone / computer / etc. TRUE OR FALSE ANSWER: FALSE 2. You have a right to…

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Don’t Be Unprepared in Caring for Elderly Parents 150 150 Dan Frith
  • Dan Frith

Don’t Be Unprepared in Caring for Elderly Parents

Caring of our elderly parents can be a tough job.  It gets even more difficult when we can no longer care for them ourselves and consideration must be given to placement in an assisted living facility or nursing home.  As the USA Today described in an article today, caring for elderly parents catches many unprepared. The article…

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For-Profit vs. Non-Profit: Which Type of Nursing Home Provides the Best Care? 150 150 Dan Frith
  • Dan Frith

For-Profit vs. Non-Profit: Which Type of Nursing Home Provides the Best Care?

Our experience tells us that “non-profit” nursing homes (typically facilities operated by churches) provide the best care to its residents.  For example, there are 3 or 4 nursing homes in and around Roanoke, Virginia for which we have never heard one complaint in the 15 years we have handled nursing home abuse and neglect cases. Why?  In…

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Fatal Beating in Nursing Home Inexcusable 150 150 Dan Frith
  • Dan Frith

Fatal Beating in Nursing Home Inexcusable

I just read a disturbing report of an inexcusable death in a Chicago area nursing home. The family of an elderly man who was beaten to death by a fellow resident of a nursing home last month has filed a lawsuit against Oak Park Healthcare Center (Cook County, Illinois) claiming the facility failed to protect the…

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Life Isn’t Fair and Neither are Non-Compete Agreements 150 150 Lauren Ellerman

Life Isn’t Fair and Neither are Non-Compete Agreements

Consider the following four situations, and ask yourself (1) Is it fair? (2) Is it legal under Virginia law? and (3) Is it morally right?  1.  Long-time employee spends years building relationships with clients. Clients LOVE him. They would follow him anywhere. After 7 years employee BOB is asked to sign a non-compete that says…

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IT Consultants’ Non-Compete Contract Held Unenforceable 150 150 Dan Frith
  • Dan Frith

IT Consultants’ Non-Compete Contract Held Unenforceable

This decision (and it’s a good one) comes from the great state of Massachusetts. The court’s decision in Grace Hunt IT Solutions, LLC v. SIS Software, LLC, et al., should be followed by every judge in the country. Plaintiff Grace Hunt IT Solutions, LLC (“Grace Hunt”) provides software management consulting services. Pursuant to an Asset…

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Dan Frith Named Best Plaintiff’s Lawyer – Personal Injury / Medical Malpractice by Virginia Living Magazine 150 150 Dan Frith
  • Dan Frith

Dan Frith Named Best Plaintiff’s Lawyer – Personal Injury / Medical Malpractice by Virginia Living Magazine

This month, Dan Frith was named by Virginia Living magazine at one of the best plaintiff’s attorneys in Virginia. It is an honor to be included among the best medical malpractice and nursing home neglect attorneys throughout Virginia, including Roanoke, Blacksburg, and Harrisonburg. Each year, the magazine’s editors speak with leading members of the legal community…

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What Does “We” or “Us” Mean in a Virginia Contract – and Should You Care? 150 150 Lauren Ellerman

What Does “We” or “Us” Mean in a Virginia Contract – and Should You Care?

I spent the morning arguing (I know, no surprise) that the words “us” and “we” had very specific meanings in a contract. I went so far as to argue that “the parties,” or “disputants” may not include “us” and “we.” Sound confusing? Or at least non-sensical? Boring? Maybe. It would be but for the fact…

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Nursing Home Laws Vary by State 150 150 Lauren Ellerman

Nursing Home Laws Vary by State

In Virginia, there is no law that: requires a nursing home to have liability insurance requires a nursing home to have a certain number of qualified staff  / per resident (staffing ratio) requires a nursing home medical director to have office hours or make rounds In other states, such laws may exist, but like many…

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What is a Non-Compete Lawyer? 150 150 Lauren Ellerman

What is a Non-Compete Lawyer?

I am a non-compete lawyer. What does that mean? I proudly represent individuals, not businesses, in the evaluation and analysis of non-competition (think non-solicitation, confidentiality, etc) employment agreements. There are those who think my job is to stir up trouble or harm small businesses; rather cartoonish, but popular culture often misses how attorneys help individuals…

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