Law Firm Resources & News

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

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

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

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

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

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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ADVICE FOR THE DAY: CAN YOU TAKE THAT NEW JOB WITH A NON-COMPETE? 150 150 Lauren Ellerman

ADVICE FOR THE DAY: CAN YOU TAKE THAT NEW JOB WITH A NON-COMPETE?

caller asks: “I signed a contract 3 years ago. It says I can’t compete for 2 years, and within 100 miles. I was fired 4 months ago and have been on unemployment. I just got a new offer, can I take it with my new non-compete?” My answer: “It depends on the terms of your…

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NURSING HOME RESIDENT DIES AFTER MULTIPLE FALLS 150 150 Dan Frith

NURSING HOME RESIDENT DIES AFTER MULTIPLE FALLS

This case report comes to us, by way of the American Association of Justice, from Georgia. Morris Ellison, 80, suffered from dementia, cardiovascular disease, hypertension, and other health problems. He had a history of falling and could not walk without assistance. He was admitted to Moran Lake Nursing and Rehabilitation Center, where he suffered numerous…

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EMERGENCY ROOM MISTAKE IN VIRGINIA – CASE SETTLED 150 150 Lauren Ellerman

EMERGENCY ROOM MISTAKE IN VIRGINIA – CASE SETTLED

We just settled a case against an emergency room doctor. It was a sad story as many malpractice cases are sad stories. A mother and wife, in her 60’s, went to the emergency room complaining of pain in her right leg and right knee. Plaintiff advised the defendant physician of her history of deep vein…

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FIDELITY WINS INJUNCTION IN VIRGINIA FEDERAL CASE 150 150 Dan Frith

FIDELITY WINS INJUNCTION IN VIRGINIA FEDERAL CASE

I know Lauren shared an “employee victory” with you yesterday so, in order to balance things out, here is a court decision where the employer can claim victory…at least for the time being. The case is Fidelity Global Brokerage Group, Inc. v. Rodney Gray and Morgan Stanley Smith Barney, LLC and is currently pending in…

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ANOTHER EMPLOYEE VICTORY IN VIRGINIA 150 150 Lauren Ellerman

ANOTHER EMPLOYEE VICTORY IN VIRGINIA

If you are an employee or employer in Virginia who wants to know the latest news on Virginia employment contract and tort cases, you should follow a blog written by PCT Law Group in Northern Virginia. While I suspect they do more work for companies than we do, they publish a most relevant summary of…

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