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TOO MANY FALLS! 150 150 Dan Frith
  • Dan Frith

TOO MANY FALLS!

I recently read about a lawsuit against a Florida assisted living facility which is both disturbing and all too common, even here in Virginia. Francis Tremblay (age 99) lived at the Living Legends Retirement Center in Broward County, Florida. During her 29 day stay at this assisted living facility she fell about 11 times. The…

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JUST WHAT IS A “TORTIOUS INTERFERENCE WITH CONTRACT”? 150 150 Dan Frith
  • Dan Frith

JUST WHAT IS A “TORTIOUS INTERFERENCE WITH CONTRACT”?

More and more frequently employers, in addition to suing their ex-employees for breach of their non-compete agreement, are also claiming the ex-employee is guilty of the “tortious interference” of the employer’s contractual relationship with its customers. Just what does this mean? The answer is “it depends.” It depends on whether the contract at issue is…

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STATE LAW AND NON-COMPETE AGREEMENTS 150 150 Lauren Ellerman

STATE LAW AND NON-COMPETE AGREEMENTS

A great number of people who call our office live out of state, but have non-compete contracts or employment agreements that state they are written under Virginia Law. Often, we will get calls from Virginians who assume we can assist them with a non-compete agreement but upon further examination, we discover Virginia law does not…

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TURN TURN TURN… 150 150 Lauren Ellerman

TURN TURN TURN…

THE BYRDS – Turn ! Turn ! Turn ! by danadi33 Know this song. Me too. Great message. TURN TURN TURN. If you are a nursing home employee, or even a nurse at the hospital dealing with bed-ridden post surgical patients, I hope this song becomes part of your daily mantra. TURN TURN TURN… your…

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DAMAGES 150 150 Lauren Ellerman

DAMAGES

Non-compete cases are allot like marriage. No really. Hear me out on this one. Lets make the following associations:SMALL LIE = CONTRACT BREACHWIFE’S SADNESS = Employer’s ANGERWIFE’S ANGER = MAJOR HARM to EMPLOYER At the end of the day, it not only matters what you did, but whether your actions caused harm and damages… and,…

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RIGHT TO WORK LAWS IN VIRGINIA 150 150 Lauren Ellerman

RIGHT TO WORK LAWS IN VIRGINIA

I was picking up a package at our local Fed Ex warehouse the other day and saw this very stunning poster on the waiting room bulletin board. I love it. No really. LOVE IT. Why? Because it is so entirely misleading. It says — IF YOU HAVE A RIGHT TO WORK in bold letters. While…

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SPINE SURGEON LOSES HOSPITAL PRIVILEGES 150 150 Dan Frith
  • Dan Frith

SPINE SURGEON LOSES HOSPITAL PRIVILEGES

The Wall Street Journal ran an interesting article on April 13. The article reported on a Portland, Oregon spine surgeon who lost his hospital operating privileges at the Providence Portland Medical Center. Why you ask? Because available data revealed the surgeon had the highest rate of multiple spinal-fusion surgeries among the 3,407 spinal surgeons who…

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NON-COMPETES AND WHERE YOU ARE LIKELY TO FIND THEM 150 150 Lauren Ellerman

NON-COMPETES AND WHERE YOU ARE LIKELY TO FIND THEM

In the Spirit of the Season (Easter) and the traditional EGG HUNT where small children toddle across green grass in search of brightly colored plastic eggs filled with treasures and treats, I thought I would write about the ever popular NON-COMPETE HUNT. What? You haven’t heard of it? Well, like its’ cousin the Easter Egg,…

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MORE MEDICAL ERRORS AND THE HOUSE OF REPRESENTATIVES 150 150 Dan Frith
  • Dan Frith

MORE MEDICAL ERRORS AND THE HOUSE OF REPRESENTATIVES

What do more medical mistakes have to do with the U.S. House of Representatives? The answer: more than you could ever imagine. Let me explain. There is currently before the House of Representatives a bill called the “Help Efficient, Accessible, Low-cost, Timely Healthcare”(HEALTH) Act of 2011.’’ Under this bill, the costs of medical mistakes would…

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MIDWIVES IN THE NEWS 150 150 Dan Frith
  • Dan Frith

MIDWIVES IN THE NEWS

I wrote a blog in February of 2009 titled, “Midwives: A Recipe for Disaster” and received dozens and dozens of emails from irate midwives. The point of my blog post was that, as long as a delivery goes well, a midwife may work out just fine. However, if complications arise during delivery (failure to progress,…

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PRESIDENT OBAMA AND NURSING HOMES 150 150 Dan Frith
  • Dan Frith

PRESIDENT OBAMA AND NURSING HOMES

We try to stay away from political discussions on this blog…there are enough disputed issues at the intersection of law and medicine! However, I couldn’t resist passing along an article from “McKnight’s Long Term Care News and Assisted Living.” I rarely, almost never, agree with the positions taken by this pro-nursing home industry rag. The…

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ASSAULTS IN NURSING HOMES: MORE COMMON THAN YOU THINK 150 150 Dan Frith
  • Dan Frith

ASSAULTS IN NURSING HOMES: MORE COMMON THAN YOU THINK

The newspaper report was disturbing. Anderina Sanderson, 89, who had dementia, was assaulted after walking into the room of an 86-year-old male resident at the Central Park Nursing Home in suburban Windsor on April 19, 2007. She died four days later. Three days before he assaulted Mrs Sanderson, the man repeatedly hit another woman to…

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