Law Firm Resources & News

HOW SAFE IS OUT-PATIENT SURGERY? 150 150 Dan Frith

HOW SAFE IS OUT-PATIENT SURGERY?

The trend is undeniable…more and more patients are having surgery at their doctor’s office or in “outpatient surgery centers.” At least 15 million procedures are performed at more than 50,000 office-based locations, but only 22 states have any kind of regulations of such practices, and only a fraction of the offices are accredited by any…

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BAD DECISION FROM CONNECTICUT 150 150 Dan Frith

BAD DECISION FROM CONNECTICUT

Virginia courts will enforce non-compete contracts which are reasonable in length and geographical scope. In other words, Virginia courts will not enforce a non-compete agreement which prohibits competition for 10 years any where in the world. But…it looks like state courts in Connecticut will! This month in Xplore Technologies Corp. v. Killion, a Connecticut state…

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HOW TO GET SUED BY YOUR EMPLOYER – top ten mistakes that lead to litigation 150 150 Lauren Ellerman

HOW TO GET SUED BY YOUR EMPLOYER – top ten mistakes that lead to litigation

I am not Leno or Letterman; I am much younger and shorter than either of these guys. But I like top ten lists and want to help Virginia employees with avoiding expensive litigation – so here is the TOP TEN MISTAKES VIRGINIA EMPLOYEES MAKE THAT LEAD TO LITIGATION: Actually, it is only the top 5.…

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THE PITFALLS OF EARLY DISCHARGE FOR SURGICAL PATIENTS 150 150 Dan Frith

THE PITFALLS OF EARLY DISCHARGE FOR SURGICAL PATIENTS

I ran across an interesting article in a recent issue of the Wall Street Journal titled, “Patient, Heal Thyself.” The focus of the article was the increasing trend by hospitals to quickly discharge patients home after surgery. The article stated that “…Nearly 65% of all surgeries don’t require an overnight hospital stay, compared to 16%…

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DOCTORS AND NONCOMPETES: WHAT IS THE AMA’S POSITION? 150 150 Dan Frith

DOCTORS AND NONCOMPETES: WHAT IS THE AMA’S POSITION?

Lauren and I have written numerous posts on non-competes and physicians. Just enter the term “physican” in the search box and you will come up with over 15 different posts on when a non-compete contract can be enforced against a doctor. Want to know what the largest professional association of doctors has to say on…

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DOES YOUR NON-COMPETE STICK WHEN THERE IS A NEW OWNER? 150 150 Lauren Ellerman

DOES YOUR NON-COMPETE STICK WHEN THERE IS A NEW OWNER?

This is not news to anyone, but sometimes, companies change hands.  They are sold, bought, liquidated, assets are sold and corporate structures change. In the middle of a merger or sale, you may be asked to sign a new non-compete or new employment contract. Or, if you are lucky, they may forget and you find yourselves…

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WANT TO PICK A GOOD NURSING HOME? 150 150 Lauren Ellerman

WANT TO PICK A GOOD NURSING HOME?

I have decided I know the best referral source for Virginia Nursing homes. Want to know who I think you should call when you need to pick a good nursing home? Call an emergency room nurse or doctor. Seriously. I bet they can tell you which nursing homes they see patients from all the time.…

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LETS PUT THE ELDERLY IN JAIL! 150 150 Dan Frith

LETS PUT THE ELDERLY IN JAIL!

I hope my title caught your eye…and I am not as crazy as I sound! We see horrible conditions at almost every nursing home in Virginia…so here is my solution (and I apologize to the incarcerated). Let’s put the seniors in jail and the criminals in nursing homes. Seniors Would Get:1. Regular access to showers,…

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FEDERAL COURT IN ROANOKE RULES IN FAVOR OF EMPLOYEE 150 150 Dan Frith

FEDERAL COURT IN ROANOKE RULES IN FAVOR OF EMPLOYEE

A recent ruling by a federal district judge in Roanoke is a big WIN for the employee in a case with non-compete issues. The case, Zurich American Insurance Company v. Turbyfill and Neuenschwander, involved allegations of conspiracy, breach of a non-compete agreement, and tortious interference with a customer contract. In short, Turbyfill and Neuenschwander were…

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MEDICAL MALPRACTICE LAWSUITS ARE GOOD FOR THE HEALTHCARE INDUSTRY 150 150 Dan Frith

MEDICAL MALPRACTICE LAWSUITS ARE GOOD FOR THE HEALTHCARE INDUSTRY

Okay..all my healthcare provider friends can shoot me their nasty emails over the title to today’s post but their “snarky remarks” aside, I stand by the title. Where would I get such a crazy idea? How about from the one of the most pro-business, conservative newspapers in the United States….The Wall Street Journal (WSJ). The…

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WHAT ARE YOU ENTITLED TO AS SEVERANCE PAY? 150 150 Lauren Ellerman

WHAT ARE YOU ENTITLED TO AS SEVERANCE PAY?

There has been a great deal of turn over in the last few years. People losing jobs. Getting new ones. People on unemployment. And sometimes when people lose a job, and are asked to leave, they wonder if / why / how much of severance they are entitled to. Under Virginia law you are legally…

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WESTERN VIRGINIA MEDICAL MALPRACTICE UPDATE 150 150 Dan Frith

WESTERN VIRGINIA MEDICAL MALPRACTICE UPDATE

For those of us who live in Western Virginia (think Winchester down to Abingdon – think I-81 – think Mountains, not oceans), we have long known that our region has very unique health care needs and challenges. Some small counties have few if any health care providers. Some of our counties and cities have such…

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