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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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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
  • 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
  • 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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INADEQUATE NURSING LEADS TO DEATH IN NURING HOME 150 150 Dan Frith
  • Dan Frith

INADEQUATE NURSING LEADS TO DEATH IN NURING HOME

Here is a sad story that is inexcusable. Clay Nelson, age 66, moved into a Tennessee nursing home after suffering a stroke. His Care Plan recommended that he be supervised while eating. During dinner one night, Mr. Nelson was found unresponsive. Resuscitative measures were undertaken and pieces of a baked pear were removed from his…

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UGH. WHAT TO DO WHEN LIFE / LAW ISN’T FAIR 150 150 Lauren Ellerman

UGH. WHAT TO DO WHEN LIFE / LAW ISN’T FAIR

Guess what readers? Life isn’t fair. Sometimes, the justice system does not bring about justice. These are harsh truths we must all accept as adults. Do you think it fair that someone can file a lawsuit, accuse you of all of these business torts, not be able to prove them and you still have to…

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WHAT IS THE JOB OF THE MEDICAL DIRECTOR AT A VA NURSING HOME 150 150 Lauren Ellerman

WHAT IS THE JOB OF THE MEDICAL DIRECTOR AT A VA NURSING HOME

Ok, this should not be shocking news to anyone. Nursing homes in Virginia have physician(s) who comes in and serve as the Medical director of each nursing home facility. Under Virginia law, (12VAC5-371-230) the following is required:  A. Each nursing facility shall have a written agreement with one or more physicians licensed by the Virginia Board…

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