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Lawsuit against the Veterans Administration 150 150 Dan Frith
  • Dan Frith

Lawsuit against the Veterans Administration

Last year we had the wonderful opportunity to represent a man who was the victim of medical malpractice at the Veterans Administration. Cases against the VA are more complicated than a normal medical malpractice case, because they are filed under federal law, namely the Federal Tort Claim Act. Under the FTCA you have to file…

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Virginia Nursing Home Fall Case Settled for $200,000 150 150 Lauren Ellerman

Virginia Nursing Home Fall Case Settled for $200,000

Note: Every single case is unique and no case outcome is guaranteed. Last year, I represented the most wonderful family whose mother suffered an accident at a nursing home. She fell and broke her femur during a terrible fall. She was fortunate to partially recover with the help of her loving family, but her life will…

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Kentucky Nursing Home Alters Records, Held Liable 150 150 Lauren Ellerman

Kentucky Nursing Home Alters Records, Held Liable

This month, a Kentucky jury awarded the plaintiff’s family $8 million for the wrongful death of a nursing home resident whose legs were broken following a horrific fall. Even worse, evidence showed that staff altered his records to cover their mistake. Moments after the verdict, the defense attorney denied wrongdoing:  “We categorically deny that there was any…

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USA Today Names Worst Nursing Homes in Virginia 150 150 Dan Frith
  • Dan Frith

USA Today Names Worst Nursing Homes in Virginia

Last week, USA Today listed the worst nursing homes in the country. As many long-term care advocates already know, the Center for Medicare and Medicaid Services (CMS) now ranks nursing homes based on a 1-star to 5-star federal government rating, using data obtained from state agencies. The lowest rated facilities are “much below average” when compared…

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Virginia Truck Accident Lawyer 150 150 Lauren Ellerman

Virginia Truck Accident Lawyer

Sometimes you have the opportunity to serve someone who deserves so much more than a lawsuit can bring them. What is your retirement worth? Your health? What is your independence worth? Would you take a 1million dollars if it meant you had to live in a nursing home for the rest of your life? Would…

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Virginia Code on Non-Competes? Not This Year 150 150 Lauren Ellerman

Virginia Code on Non-Competes? Not This Year

Yesterday, I traveled to Richmond – the “Capital City” – to testify (or rather, speak) in favor of HB 1187, which would make non-compete agreements invalid in Virginia. A subcommittee of the Commerce and Labor Committee heard argument in favor of the bill (from me), and then two trade groups argued against it – the…

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Why Non-Competes are Unnecessary 150 150 Lauren Ellerman

Why Non-Competes are Unnecessary

There is a tremendous letter to the editor in the Richmond Times Dispatch on HB 1187. Says Arlington resident Todd Benjamin: After a non-compete sidelined me last year, I educated myself about these agreements and have become a staunch advocate for their elimination. … I believe in free markets: for products, for services and for labor. A non-compete…

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Finding the Right Doctor: “Ear Doctors Performing Face Lifts? It Happens” 150 150 Dan Frith
  • Dan Frith

Finding the Right Doctor: “Ear Doctors Performing Face Lifts? It Happens”

Last year, a woman named “Joan” went to a Beverly Hills doctor for a face-lift with disastrous consequences. As she told the The New York Times, she assumed the doctor was qualified to the perform the procedure. After all, he said he was board-certified. What she – and many other patients throughout the country – did not understand was…

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How to Choose the Right Nursing Home for Rehabilitation 150 150 Lauren Ellerman

How to Choose the Right Nursing Home for Rehabilitation

My friend called me this morning to speak about his mother, who needs rehabilitation after surgery. The day before, another friend called about coordinating care for a family member. Then a stranger called about choosing the best assisted living facility in our area. Last week, I discussed with a colleague how her mom had just been…

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When to Read and Understand Your Employment Agreement
When to Read and Understand Your Employment Agreement Lauren Ellerman

When to Read and Understand Your Employment Agreement

I will admit it. I have signed agreements and not read them fully. Like credit card contracts or cell phone agreements. I am not proud of this fact, but truthfully,  consumer contracts seem so impersonal that I have always assumed the terms were not negotiable and really, pretty harsh. But a professional who is given an…

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Cease and Desist Letters and Other Myths 150 150 Lauren Ellerman

Cease and Desist Letters and Other Myths

Virginia employers often send tough, strongly worded “cease and desist” letters to former employees who work for a competitor or start a company. The goal is to scare you. If you do not comply, they allege you will potentially face dire consequences under penalty of law. Many times, the letter arrives on the stationary of…

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HB 1187: Virginia General Assembly Considers Non-Compete Law 150 150 Lauren Ellerman

HB 1187: Virginia General Assembly Considers Non-Compete Law

This month, the Virginia General Assembly returns to work in Richmond. A reader contacted us about House Bill 1187 sponsored by Delegate Patrick Hope (D- Arlington) significantly restricting non-compete agreements throughout the state. Here’s a summary of the pending legislation: Non-competition agreements.  Makes unlawful any contract that serves to restrict an employee or former employee…

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