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CAN THEY PREVENT YOU FROM WORKING? 150 150 Lauren Ellerman

CAN THEY PREVENT YOU FROM WORKING?

We get calls frequently from folks who have received a letter, lawsuit or verbal threat from their former employer. The threat looks like this: “You are in breach of your agreement. We will ask the Court to enjoin you from working at your current job.” To enjoin someone means to PREVENT them from working. Under…

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ASSISTED LIVING FACILITIES — WHAT KIND OF CARE CAN YOU EXPECT? 150 150 Lauren Ellerman

ASSISTED LIVING FACILITIES — WHAT KIND OF CARE CAN YOU EXPECT?

We speak to families all the time who have watched a loved one suffer because of an incident involving a nursing home or assisted living facility. We even hear of cases where long term neglect leads to death or permanent injury in health care facilities. When I tell my friends or family I do “elopement”…

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EMERGENCY ROOM MISTAKES 150 150 Dan Frith
  • Dan Frith

EMERGENCY ROOM MISTAKES

Did you know that hospital Emergency Departments account for 37% – 55% of the malpractice cases filed against hospitals and that most of the claims based upon diagnostic errors? For example, did you know that 15% of patients with a median age of 38 who reported to the ER with stroke symptoms were misdiagnosed? All…

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DOUBLE STANDARD? OB v. MidWife? 150 150 Lauren Ellerman

DOUBLE STANDARD? OB v. MidWife?

So I read an article on Slate.com today about a Virginia Midwife that will go to jail because of her negligent handling of a home delivery. According to the Washington Post, the midwife was not licensed in Virginia and ignored signs of fetal distress. The failed delivery tragically lead to the death of the child…

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SAFETY PROBLEMS AND ASSISTED LIVING CARE 150 150 Dan Frith
  • Dan Frith

SAFETY PROBLEMS AND ASSISTED LIVING CARE

This story comes from Florida but that state is not unique. It appears regulators from the Sunshine State are failing to protect residents of assisted living facilities, according to an investigation by The Miami Herald and NPR member station WLRN. An analysis of state records revealed dozens of questionable deaths in assisted living facilities. The…

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SHOCKING NEWS: NURSING HOME UNDERSTAFFING ADDS TO DEATHS! 150 150 Dan Frith
  • Dan Frith

SHOCKING NEWS: NURSING HOME UNDERSTAFFING ADDS TO DEATHS!

Well maybe not shocking…maybe not even new information…maybe just common sense. Whatever it is, this is the title of a new story in upi.com’s Health News on May 4. The article is as follows: Infections, the cause of nearly 400,000 U.S. nursing home deaths per year, may be largely the result of understaffing, researchers say.…

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HOSPITALIZED PATIENTS SHOULD NOT GET PRESSURE SORES 150 150 Dan Frith
  • Dan Frith

HOSPITALIZED PATIENTS SHOULD NOT GET PRESSURE SORES

I believe pressure sores can be avoided if patients receive appropriate care…especially in the hospital setting. That is why a reported medical malpractice case from New Mexico is so disturbing. Alfred Gonzalez, age 57, fell and sustained a fractured hip. He was admitted to his local hospital for treatment and developed pressure sores on the…

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QUITTING YOUR JOB TOMORROW? HERE IS A LIST OF DON’TS 150 150 Dan Frith
  • Dan Frith

QUITTING YOUR JOB TOMORROW? HERE IS A LIST OF DON’TS

If you are leaving your job tomorrow and don’t want to get sued, don’t do any of the following: 1. Don’t take customer lists or customer addresses. 2. Don’t email your customer contacts or clients to tell them about your new “competing business.” 3. Don’t copy your employer’s policy manuals or other sensitive or proprietary…

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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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