Posts by John Fishwick

A Guide to Injuries and Damages in Virginia Medical Malpractice Cases

Medical Malpractice in Virginia

Medical malpractice occurs whenever a healthcare provider deviates from the standard of care in his or her profession, and as a result, causes an injury. In this article, we explain what injuries are compensable under Virginia’s medical malpractice laws, and what damages plaintiffs can recover for those medical malpractice injuries. What Is Medical Malpractice? Medical…

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Title IX and Employment Discrimination

: Title IX and employment discrimination

In the same way that educational institutions and school systems must not discriminate in their treatment of men and women’s sports programs, educational institutions and school systems that receive federal funds cannot discriminate on the basis of sex in employment. Accordingly, in appropriate circumstances, a claim under Title IX for employment discrimination, either on its…

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Virginia’s Hazing Statute Provides Criminal Penalties and Enables Civil Claims

hazing injury lawyer

The dictionary defines hazing as “an initiation process involving harassment.” That definition does little to capture the humiliating, abusive, and dangerous acts that are associated with hazing in American universities and high schools. Nor do media depictions of hazing, from the comparatively tame Animal House to the raunchier Old School, adequately reflect the reality of…

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Arrested for First-Time Possession of Marijuana in Virginia? Know Your Options

marijuana possession

Despite changing attitudes across the nation, possession of marijuana remains a serious offense in Virginia. Under Virginia law, you cannot knowingly or intentionally possess marijuana, with a few exceptions.   A conviction for marijuana possession is a misdemeanor and may result in up to a 30-day jail sentence and a $500 fine. Even worse, subsequent convictions for possession of marijuana become a…

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What to Do If You Were Hit by a Drunk Driver in Virginia

Drunk driver Virginia, drunk driving attorney Virginia

Drunk driving remains a serious problem in Virginia. According to the Virginia Department of Motor Vehicles, there were 7,285 crashes involving a drunk driver in 2017, killing 248 people and injuring another 4,430. If you or a loved one suffered injuries in a drunk driving accident, it’s in your best interest to consult with an…

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When is Self-Defense in Virginia a Crime?

Self-defense Virginia, Virginia self-defense law

In Virginia, the law allows you to defend yourself, your family, and your home when you are facing an imminent threat. However, there are limits to your right to self-defense, and the laws surrounding self-defense are complex. In some cases, people unknowingly cross the line in their efforts to keep themselves safe. Keep reading to…

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What Does it Mean to Plead No Contest?

Plead no contest, what does it mean to plead no contest

Pleading no contest, also known as nolo contendere, can be a good option for some people facing criminal charges in Virginia. However, many people choose to plead no contest without understanding what it actually means or what the repercussions are. If you’re in a tough legal position and are considering your options, keep reading to…

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Hit by a Drunk Driver in Virginia? You May Be Entitled to Punitive Damages

Punitive damages

After a catastrophic car accident with a drunk driver, you may face significant medical expenses, lost wages, pain and suffering, and uncertainty about your future. However, you could also be entitled to punitive damages, which aim at punishing the drunk driver and discouraging similar misconduct. Unfortunately, many drunk driving victims don’t demand punitive damages in their injury…

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Ask Me Anything About the Constitution

TALKING POINTS – Laura Wagner, ESQ. I.  BACKGROUND A.  After the Revolutionary War, James Madison, Alexander Hamilton and George Washington feared the country was on the brink of collapse.  Existing constitution, The Articles of Confederation, was not sufficient. B.  Organized a Constitutional Convention to meet in Philadelphia in summer of 1787. C.  The framework of the…

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My Superlative Case

It was a case that had it all.  A university closure, 176 individual clients, multiple class actions, fraud claims, breach of contract claims, consumer protection claims, shifting venues, a mass litigation panel with three dispute judges and three resolution judges, a declaratory judgment action for insurance, association with local counsel, a loose confederation of plaintiffs’…

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