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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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SAVING $ AND LIVES? YES PLEASE 150 150 Lauren Ellerman

SAVING $ AND LIVES? YES PLEASE

I ran across an article on Fox New’s website today about a government study and plan that would try to prevent medical errors. The goal is to cut preventable hospital-acquired conditions by 40 percent over the next three years, said Health and Human Services (HHS) Secretary Kathleen Sebelius, who announced the initiative with consumer and…

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BUT…. I THOUGHT NON-COMPETES CONTRACTS WEREN’T ENFORCEABLE 150 150 Lauren Ellerman

BUT…. I THOUGHT NON-COMPETES CONTRACTS WEREN’T ENFORCEABLE

When you bought your car, and signed a contract that said you would pay X$ a month or they would come take your car away, did you understand it was a binding contract? Or what about the time you loaned your crazy cousin Joe $10,000 and had him sign a promissory note that he would…

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IS A NURSE PRACTITIONER ENOUGH? 150 150 Lauren Ellerman

IS A NURSE PRACTITIONER ENOUGH?

There was an interesting article in my local paper this weekend about nurse practitioners who are lobbying the State to change the rules, and no longer require physicians to supervise their actions. According to the article, “Virginia is one of 24 states to require a formal relationship, documented in writing, between a nurse practitioner and…

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WHY DAMAGES MATTER IN A NON-COMPETE CASE 150 150 Lauren Ellerman

WHY DAMAGES MATTER IN A NON-COMPETE CASE

I tell clients all the time, “While I think your ex-employer can sue you, make you defend yourself in Court and pay a ton of money in attorneys fees, I don’t think he or she or it can prove damages related to your actions.” My analysis means little as many employers will proceed with cases…

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UNREPORTED MEDICAL ERRORS AND CONFIDENTIAL SETTLEMENTS 150 150 Dan Frith
  • Dan Frith

UNREPORTED MEDICAL ERRORS AND CONFIDENTIAL SETTLEMENTS

There is a lot of talk circulating about limiting patients’ rights to hold their health care providers responsible for medical negligence. I am biased…as I see (and hear of) acts of unbelievable negligence every day…but I am a lawyer who represents the victims of medical negligence. My friends can’t understand why I sue doctors, hospitals,…

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GOV. VETOES MED MAL CAP INCREASE 150 150 Dan Frith
  • Dan Frith

GOV. VETOES MED MAL CAP INCREASE

Doctors groups agreed. Trial lawyers agreed. Senators and members of the Gen. Assembly agreed.They all got together and created a bill increasing the cap for malpractice cases in the Commonwealth of Virginia and our Gov. rejects it? Maybe he can explain to the family of a 32 year old mother of two that dies because…

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DEPARTMENT OF JUSTICE FAVORING HIGH-TECHNOLOGY EMPLOYEES 150 150 Dan Frith
  • Dan Frith

DEPARTMENT OF JUSTICE FAVORING HIGH-TECHNOLOGY EMPLOYEES

The Antitrust Division of the Department of Justice (DOJ) has filed two complaints in District of Columbia federal court alleging that no-solicit agreements among high-tech employers constitute an unlawful restraint on trade in the market for highly-skilled employees in the technology sector. In United States v. Adobe Systems, Inc., the DOJ alleged that do-not-call agreements…

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