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CARILION ROANOKE MEMORIAL NURSE LOSES APPEAL 150 150 Dan Frith
  • Dan Frith

CARILION ROANOKE MEMORIAL NURSE LOSES APPEAL

The facts surrounding this case report are disturbing! Maristela was issued a nursing license on March 15, 2004. At the time of the incidents, Maristela worked 7:00 p.m. to 7:00 a.m. in the Progressive Care Unit at Carilion Roanoke Memorial Hospital (Carilion). After receiving patient complaints and peer complaints, Carilion conducted a formal investigation. Maristela…

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CAN THEY DO THAT? SUE YOU EVEN THOUGH YOU DIDN’T TAKE CUSTOMERS? 150 150 Lauren Ellerman

CAN THEY DO THAT? SUE YOU EVEN THOUGH YOU DIDN’T TAKE CUSTOMERS?

Bad news everyone. Life is not always fair. Your old employer, under Virginia law, can file a lawsuit against you alleging you did terrible things like (1) breach your contract; (2) take customer lists; (3) harm their business etc…. without ANY actual knowledge or proof that you did take their customer list or harmed their…

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THE FIVE MYTHS OF MEDICAL MALPRACTICE: MYTH #5 150 150 Dan Frith
  • Dan Frith

THE FIVE MYTHS OF MEDICAL MALPRACTICE: MYTH #5

Myth #5: Tort Reform Will Lower Physicians’ Insurance Rates. Tort reforms are passed under the guise they will lower physicians’ liability premiums. Not true! While insurers do pay out less money when damages awards are capped…they do not pass the savings along to doctors by lowering premiums. There is little variance in premium levels between…

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YES THEY WILL ACTUALLY SUE YOU 150 150 Lauren Ellerman

YES THEY WILL ACTUALLY SUE YOU

There is no requirement that someone send you a cease and desist letter before they file suit against you. In fact, you don’t have to receive any warning at all… the lawsuit is enough. So, ignore those uninformed people that tell you any of the following untruths about non-compete agreements in Virginia: they are not…

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THE FIVE MYTHS OF MEDICAL MALPRACTICE: MYTH #4 150 150 Dan Frith
  • Dan Frith

THE FIVE MYTHS OF MEDICAL MALPRACTICE: MYTH #4

Myth #4: Malpractice Claims Drive Up Doctor’s Medical Malpractice Insurance Premiums.There is little correlation between malpractice payouts and malpractice premiums paid by doctors. Researchers at the National Bureau of Economic Research (NBER) reported that, “increases in malpractice payments made on behalf of physicians do not seem to be the driving force behind increases in premiums.”…

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YIKES – A VA. CASE WHERE THE EMPLOYER WINS, FOR NOW 150 150 Lauren Ellerman

YIKES – A VA. CASE WHERE THE EMPLOYER WINS, FOR NOW

Dan and I try to keep up with relevant Virginia case law that involves employee non-compete agreements and other business torts. This morning I read about two such relevant cases decided in the Commonwealth recently. One case created great law for employees on tortuous interference of contract cases. The other case is a clear victory for the…

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THE FIVE MYTHS OF MEDICAL MALPRACTICE: MYTH #3 150 150 Dan Frith
  • Dan Frith

THE FIVE MYTHS OF MEDICAL MALPRACTICE: MYTH #3

Myth #3: Doctors are Leaving the Practice of Medicine. The number of practicing physicians in the United States has been growing steadily for decades. In 2007, the most recent year for which data are available, there were 941,304 physicians in the U.S., nearly 20,000 more than the year before. Not only are there more doctors,…

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THE FIVE MYTHS OF MEDICAL MALPRACTICE: MYTH #2 150 150 Dan Frith
  • Dan Frith

THE FIVE MYTHS OF MEDICAL MALPRACTICE: MYTH #2

Myth #2: Malpractice Claims Drive Up The Costs of Medical Care. The costs associated with medical malpractice are a tiny fraction of health care costs. According to the National Association of Insurance Commissioners, the total spent defending claims and compensating victims of medical negligence in 2007 was $7.1 billion—just 0.3% of health care costs. Any…

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THE FIVE MYTHS OF MEDICAL MALPRACTICE: MYTH #1 150 150 Dan Frith
  • Dan Frith

THE FIVE MYTHS OF MEDICAL MALPRACTICE: MYTH #1

Myth #1: There are too many frivolous medical malpractice lawsuits filed in America. There is an epidemic of medical negligence…not lawsuits. Two studies of the patient safety movement have shown that not only are hundreds of thousands of patients injured every year in the health care system, but very few of them sue. According to…

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MEDICAL MALPRACTICE AND WASTEFUL MEDICARE SPENDING 150 150 Dan Frith
  • Dan Frith

MEDICAL MALPRACTICE AND WASTEFUL MEDICARE SPENDING

You might ask, “what in the world does medical malpractice and Medicare expenditures have in common?” Good question and here is the answer. One in every seven hospitalized Medicare patients are harmed by treatment mistakes, according to new analysis by the Department of Health & Human Services released Tuesday. The report cites a variety of…

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NURSING HOME RESIDENT DIES AFTER BEING LEFT ALONE OUTSIDE FACILITY 150 150 Dan Frith
  • Dan Frith

NURSING HOME RESIDENT DIES AFTER BEING LEFT ALONE OUTSIDE FACILITY

Here is another disturbing report from the American Association for Justice. Russell Binning, a 93-year-old resident of the East Bank Center Nursing Home in Illinois, suffered from Alzheimer’s disease and used a wheelchair. While Binning was sitting near the front door of the home, a visitor wheeled him to the outside of the home and…

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NURSING HOME FALL CASES 150 150 Lauren Ellerman

NURSING HOME FALL CASES

Falls can be fatal. This is not a lie. Statistically, the leading cause of death among seniors (65 years +) is falls. In 2006, there were 16,650 fall-related deaths or 37% of all deaths among the elderly. So what about falls in nursing homes. Do they happen? Yes, they happen, and sometimes the staff is at…

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