04-16-07… Those lost will always be in the hearts, thoughts, and prayers of the Hokie Nation.
We will never forget… we will prevail… we are Virginia Tech.
Frith Law Firm, P.C. is a specialty practice law firm located in Roanoke, Virginia. Dan Frith and Lauren Ellerman have over 25 years of combined practice experience and are dedicated to the hard work necessary to bring skilled and experienced representation to their clients. The firm specializes in medical and professional negligence cases, wrongful death claims, as well as representing residents and their families in cases of nursing home abuse and neglect.
Dan and Lauren also represent individuals and employees who are confronted with unfair and oppressive non-solicitation or non-compete clauses in their employment agreements. The Frith Law Firm utilizes the most modern legal technology and trial presentation software which allow our clients to successfully take on the largest of defendants and defense law firms.
Dan Frith and Lauren Ellerman practice in many areas of Southwestern Virginia and Eastern West Virginia including the following cities and counties (if your area is not listed, please call/email to find out if we can help you):
■ The FDA Broadens Access to Lead Screening Test
The FDA recently expanded the availability of a portable lead test system, which can test a patient's blood and give results within three minutes. The test has been made available to more than 115,000 health care clinics and schools, making it easier and quicker to test adults and children for lead poisoning. See the press release here.
Recent Cases
■ Nursing Home Fall Case Settled
81 year old female was discharged from a local hospital (where she underwent surgery to repair a fractured hip) to a nursing facility for post-surgical rehabilitation. On the night of her admission, she fell from the bed and broke her other hip, making rehabilitation very difficult. The lawsuit alleged the facility failed to assess the resident upon admission, failed to monitor the resident, and failed to take proper fall precautions (such as mats, half-rails, lower bed, etc). The nursing home argued that there was no duty to fully assess the resident upon admission, and that under federal Medicare law, they have over twenty days to perform a thorough assessment. Settlement was reached at mediation.
■ Nursing Home Elopement Case Settled
90 year old female was admitted to a nursing home with a diagnosis of dementia. She was assessed as a “risk for wandering.” Within months of admission, she wandered, unattended and alone, out of the building and into the parking lot. She sustained severe injuries upon falling in the parking lot, which caused her death days later. Settlement was reached at mediation.
■ Medication Error Case Settled
75 year old woman went to her primary care physician for her standard annual physical. Lab work revealed she had a urinary tract infection, and so days after her appointment, her physician called in a prescription to the local pharmacy. Unfortunately, the medication prescribed was the generic form of a drug our client was deathly allergic to! Reviews of the records reflect our client had told her physician about the allergy on numerous occasions. Within days of taking the medication, our client suffered severe organ failure, and a stroke. Both the physician and pharmacist were named in the suit, and both participated in settlement of the claim.
■ Medication Error Case Settled with Doctor and Nursing Home
71 year old woman was discharged from a local hospital (where she underwent total knee replacement surgery) to a nursing facility for post-surgical rehabilitation. The law suit alleged that the nursing home staff, and attending physician, failed to give her post surgical blood-thinning medication. Not only had the medication been ordered by her surgeon, but the use of the medication is standard in elderly patients after lower extremity surgery. The resident’s family alleged that within two weeks of being admitted, the resident suffered a pulmonary embolism and died, as a result of not receiving necessary anti-coagulation medication. This tragic case ended by settling prior to trial.
■ Frith Law Firm has settled two Group A strep bacterial infection lawsuits These cases dealing with Group A strep infections were settled prior to trial. To read a summary of the cases, please go here.
■ Frith Law Firm has settled another wrongful death case against an assisted living facility. This wrongful death claim was settled out of court. To read a summary of the case, please go here.
■ Wrongful Death Claim Against Assisted Living Facility Settled This wrongful death claim was settled prior to filing suit. To read a summary of the case, please go here.
Articles by Our Attorneys
■ Does Your Nursing Home Have Enough Nurses? - by Dan Frith
It is our experience that having a sufficiently large nursing staff is the one factor which indicates whether a nursing home can (or is) providing good care. Nursing home residents need nursing care….and they need that care 24 hours a day 7 days a week.
■ The Danger of Lead Paint - by Lauren Ellerman
Most of the homes in the City of Roanoke were built prior to 1976. I imagine most neighborhoods near downtown areas in Virginia have similar homes built around the turn of the century, or after World War II. Older homes have certain charm, but also pose unique risks that newer construction does not. One such risk is the possible exposure to lead paint
■ Why Bed Sores or Pressure Ulcers Should Concern You - by Lauren Ellerman
This article will provide you with a broad picture of what pressure ulcers and bed sores are, and why you should be concerned about them. While it is an unpleasant topic to discuss, it is much worse to witness the development of bed sores on a loved one which can lead to infection and death.
■ Family Member Guide to Nursing Homes - by Lauren Ellerman
What to do when your loved one is in a long-term care facility - This article discusses what you should do when looking at different facilities in which to place your loved one and what to do once they are living in the facility.
■ Medication Errors - by Lauren Ellerman
This article discusses what a medication error is and how to prevent medication errors for you and your loved ones.
■ Negligence Law Suits = Liens - by Lauren Ellerman
This article discusses how the determination of a possible lien affects the decision to proceed with a medical malpractice lawsuit or a nursing home negligence lawsuit.
■ The Lead Disclosure Rule - by Dan Frith
This article discusses the specifics of the Residential Lead Based Paint Hazard Reduction Act of 1992, including what is required of sellers and landlords, types of housing covered, effective dates and recordkeeping requirements.
■ Non-competition Agreements - by Dan Frith
Non-compete agreements are common in some businesses. This article discusses things that need to be taken into consideration when a non-compete agreement was signed.
■ Emergency Room Errors - by Dan Frith
Emergency room errors are a common occurrence infrequently talked about. This article discusses the different types of errors that can be made in an emergency room.
■ Planning is Everything with an Alzheimer's or Dementia Diagnosis - by Lauren Morgan Ellerman
When someone you love is diagnosed with Alzheimer's or Dementia, you may not know where to turn. Read this article to find out some of the things that you need to be thinking about earlier rather than later.
■ The Risks of Lasik Surgery - by Dan Frith
Lasik surgery is becoming increasingly popular. But there are some risks with the surgery that you should watch for. Read this article to start being more informed about Lasik.
■ The Benefits of Settling a Case Prior to Trial
Many people believe that it is not good to settle a case rather than going to trial. This article explains the benefits of settling a case before it goes to trial.
■ The Who, What, Why, When and How of Medical Malpractice Cases in Virginia - by Lauren Ellerman
In this article, medical malpractice lawyer Lauren Ellerman explains the process of filing a medical malpractice claim, beginning with the very basics, such as the definition of medical malpractice. She also discusses the Statute of Limitations, the actual process of filing a medmal claim, Burden of Proof, limitations and the cost of filing a claim.
■ A Summary of Virginia Medical Malpractice Laws - by Dan Frith
In this article, medical malpractice lawyer Dan Frith explains the laws in Virginia that affect a medical malpractice claim, including statutes of limitations, contributory or comparative negligence, joint and several liability, vicarious liability, expert testimony, damage caps, statutory cap on attorneys' fees, periodic payments, collateral source rule, pre-judgment interest, birth injury claims, immunities, medical review panels and arbitration.
■ Medicare, Part D: What is it and Should I Join? - by Dan Frith
In this article, nursing home attorney Dan Frith discusses the benefits and options in choosing a medicare prescription plan. If you are unclear of the benefits and possible problems of this program, please read this article. The article also directs you to the different groups that can help you in determining which program is right for you.
04-16-07… Those lost will always be in the hearts, thoughts, and prayers of the Hokie Nation.
We will never forget… we will prevail… we are Virginia Tech. 
