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WOW… PRESSURE ULCERS ARE STILL OUT THERE 150 150 Lauren Ellerman

WOW… PRESSURE ULCERS ARE STILL OUT THERE

Ugh. I am so sick of hospitals and nursing homes allowing residents to suffer from pressure ulcers. Guess what folks. Most of them are preventable. If someone is being moved, if he or she receives proper nutrition, proper transfers and proper wound care – they should not suffer from any stage of pressure ulcer. So…

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BIG BROTHER IS WATCHING YOU 150 150 Lauren Ellerman

BIG BROTHER IS WATCHING YOU

Again. I sound like a broken record. Do not use your work computer, hand held device, blackberry, IPhone, telephone, cell phone etc. owned by your current employer, to do research on how to beat your non-compete and start a new business. Now, I know you are still doing this because I can tell from whence…

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ROANOKE RESIDENT FOUND AFTER ELOPING FROM LOCAL NURSING HOME 150 150 Lauren Ellerman

ROANOKE RESIDENT FOUND AFTER ELOPING FROM LOCAL NURSING HOME

I am grateful to report Mr. Morton was found — and his 36 hours away from the Berkshire Health & Rehab nursing home in Vinton have ended. I am so saddened to hear that he was found crying in the bushes of a nearby neighborhood this afternoon. Elder abuse? I’ll let you decide. Neglect? Lets…

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RECENT VIRGINIA DECISION IN A NON-COMPETE CASE 150 150 Lauren Ellerman

RECENT VIRGINIA DECISION IN A NON-COMPETE CASE

Hot of the presses…(or Google alert) “RICHMOND, VA — A Fairfax judge has issued a split decision in an employment dispute, striking noncompete language in a computer services contract as overly vague but finding a nonsolicitation clause enforceable. Fairfax Circuit Judge Michael F. Devine expressly refused to add, or “blue pencil,” acceptable language to validate…

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MEDICAL MALPRACTICE AND “NEVER EVENTS” 150 150 Dan Frith
  • Dan Frith

MEDICAL MALPRACTICE AND “NEVER EVENTS”

In Virginia, a successful medical malpractice case requires proof of two elements. First, proof the doctor/nurse/hospital/dentist/surgeon, etc. deviated from the accepted standard of care or was negligent. Second, proof the negligence was the cause of the patient’s injuries, harm, or death. Both of these elements are proven by way of testimony from credible medical experts.…

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MISSOURI DECISION ON NONCOMPETES AND ACCOUNTANTS 150 150 Dan Frith
  • Dan Frith

MISSOURI DECISION ON NONCOMPETES AND ACCOUNTANTS

To all of our accounting friends out there who are considering leaving their current employer, taking some clients, and competing in the face of a noncompete agreement……PLEASE READ THIS RECENT FEDERAL CASE FROM MISSOURI! The case, decided this week by the Eighth Circuit Court of Appeals, is Mayer Hoffman McCann, PC v. Thomas Barton, et…

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NURSING HOME ABUSE IN VIRGINIA FACILITIES 150 150 Lauren Ellerman

NURSING HOME ABUSE IN VIRGINIA FACILITIES

Ugh. It still happens. Loved ones are placed in Virginia Nursing Homes for short term rehab after a hospitalization. “Just 20 days for therapy,” the facility says.“She’ll be out of here in no time,” you are told. But by month 3, they are still there. And your loved one seems weak, unable to walk, confused.…

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NON-COMPETE LAWSUITS IN VIRGINIA 150 150 Lauren Ellerman

NON-COMPETE LAWSUITS IN VIRGINIA

When is an employee going to get sued for alleged breach of a non-compete? When the following factors exists:1. Employee threatened to breach his/her non-compete2. Employee told clients about new business3. Employee said bad things about old company4. Boss of old company is a huge ego5. Boss of old company wants to make a point6.…

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WHISTLE BLOWER NURSES IN TEXAS PREVAIL! 150 150 Dan Frith
  • Dan Frith

WHISTLE BLOWER NURSES IN TEXAS PREVAIL!

I previously shared the story about Texas nurse Anne Mitchell who did the right thing and filed a complaint against a local doctor whom she believed was providing substandard care. The good doctor, Rolando G. Arafiles Jr., MD, took offense and had Nurse Mitchell charged with “misuse of official information,” a third-degree felony in Texas…with…

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IS MY NON-COMPETE VALID IF THE TERMS ARE UNREASONABLE? 150 150 Lauren Ellerman

IS MY NON-COMPETE VALID IF THE TERMS ARE UNREASONABLE?

Very smart people call our office all the time and say: “I read your blog. My contract is just like the one in that other case where the court held it to be unreasonable and invalid. So, is my contract invalid?” Short answer, no. Your contract is not unreasonable, invalid or not binding until a…

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WILLIAMSBURG, VIRGINIA RESTAURANTS FIGHT OVER NONCOMPETE 150 150 Dan Frith
  • Dan Frith

WILLIAMSBURG, VIRGINIA RESTAURANTS FIGHT OVER NONCOMPETE

The Virginia Gazette has reported on a $1 Million noncompete lawsuit recently filed in Williamsburg, Virginia. Victor Minichiello of Sal’s By Victor is suing La Scala restaurant, where he temporarily operated while his business at Williamsburg Shopping Center was rebuilt. Minichiello’s lease was with Hassem and Georgia Salih as operators of La Scala, and Angelo…

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DO YOU HAVE A MEDICAL MALPRACTICE CASE IN VIRGINIA? 150 150 Dan Frith
  • Dan Frith

DO YOU HAVE A MEDICAL MALPRACTICE CASE IN VIRGINIA?

A great deal of my day is spent investigating and discussing possible medical malpractice cases. Truth is, not every call we get is a case. Very few are actually cases worth pursuing. So when someone calls, I try to explain the legal elements of a medical malpractice case, and determine whether their situation, also has…

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