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West Virginia Legal Issues Blog

Injuries suffered during birth may stem from medical malpractice

Any time a child suffers a serious injury parents feel concerned and frightened. When the injury occurs to a newborn during the delivery process, West Virginia parents may feel even more distraught over the outcome. Unfortunately, negligence and other medical errors on the part of doctors and other staff could potentially cause serious damage, and these mistakes may warrant medical malpractice claims.

It was recently reported that a couple in another state filed such a claim due to injuries their son suffered. Reports stated that the child was born last year, and due to undisclosed issues, the infant suffered a brain injury during delivery. The parents believe that hospital staff members are to blame for the injury due to not following the proper standards of care.

Missed diagnoses may constitute medical malpractice

Having a serious medical condition can cause anyone to feel panicked. Some individuals may feel even more unsettled when they believe that something is wrong but do not know exactly what the issue could be. Often, seeking medical attention can help West Virginia residents better understand their health, but in some cases, staff may fail to properly diagnose an issue, which could lead to medical malpractice claims.

It was recently reported that a couple in another state have filed a malpractice lawsuit against a hospital for this type of issue. It was unclear what made the man seek medical attention initially, but the hospital where the man was examined reportedly failed to diagnose the man with a brain tumor. As a result, the tumor continued to increase in size due to not receiving treatment to combat it.

West Virginia residents may have concerns when estate planning

Having concerns about creating end-of-life wishes is normal. This topic is extremely sensitive, and even though the subject relates to a time in which a person passes, the individual may still feel worried about what impacts estate planning decisions will have on his or her family. In particular, conflict and taxes may be among the concerns of West Virginia residents

Professional estate planners often see which areas of planning tend to give their clients the most concern. When a survey was conducted among 109 of these professionals, 44 percent of them indicated that they believed family disputes would cause the most issue for planning this year. In fact, over half of the individuals stated that their clients struggled most when it came to appointing guardians and naming beneficiaries for their assets.

Common dangers related to mining

The coal mining industry in West Virginia has seen its share of struggles, from environmental concerns to political game playing. Perhaps the most difficult and personal struggle you or any employee of the mining industry faces is the risk of injury and death from the dangerous work you do.

Mining, whether minerals or metals, consistently ranks among the most dangerous jobs to have, no matter how advanced the technology in use. However, underground coal mining exposes you to many life-threatening hazards. Worldwide, hundreds of miners die daily from accidents on the job. About 70 fatal mining accidents occur in the U.S. each year.

Misdiagnoses contribute to numerous medical malpractice claims

Because doctors and other medical staff obtain the education and training needed to work in the medical field, most people want to trust that these professionals can do their jobs properly. Of course, many West Virginia residents may find out too late that their doctors did not properly address their medical conditions. In such cases, negatively affected individuals may look into their options to pursue medical malpractice claims.

In particular, incorrect or delayed diagnoses affect numerous patients. One insurance company conducted a study relating to misdiagnoses and malpractice claims, and the results indicated that 33 percent of all claims from 2013 to 2017 related to diagnosis-related issues. Additionally, 33 percent of those claims indicated that the problem arose because of improper evaluation of the patient.

Early discharge from hospital may equal medical malpractice

When West Virginia residents feel that something is wrong with their health, it can be nerve-wracking to think about. For a time, some individuals may try to ignore the issue by thinking it will go away, but for others, the anxiety of not knowing or the condition worsening may lead them to seek medical attention. Unfortunately, even after a diagnosis, a person's situation could worsen, and he or she may end up considering medical malpractice claims options.

Recent reports indicated that a man in another state has decided to take such action against a hospital where he sought treatment. The man claims that he went to the medical center due to experiencing a myriad of concerning symptoms, including abdominal pain and chest pain. He was reportedly diagnosed with a heart infection.

Personal injury claim may result from West Virginia accident

When a car accident results in the death of the driver considered responsible, other individuals who were harmed by the accident may feel that they have no legal options. However, even after a fatal incident in which a driver dies, surviving victims or families of other deceased victims could still pursue legal action against that driver's estate. Personal injury or wrongful death claims could allow for the pursuit of compensation.

At least one individual in West Virginia may be considering such action after a recent crash. Reports stated that a vehicle was traveling southbound when the driver failed to keep the car in the correct lane. As a result, the car collided with an oncoming vehicle. The incident took place around 11 a.m.

Estate planning can address various life aspects

Wanting to have end-of-life affairs in order can hit individuals at different times. Some people may simply want to plan ahead, and others may experience an event that triggers the desire to start planning. Whatever the reason, estate planning can help interested West Virginia residents ensure that various aspects of their lives are in order before their passing.

If parties have not yet created a will, they may want to ask themselves why. Many people think that wills and other estate planning documents are only useful to individuals with substantial wealth, but that is not the case. Wills can help parties get various affairs in order, such as designating guardians for minor children. Most parents do not want to leave the care of their children up in the air, and a will can help ensure that plans are in place.

Estate planning may be more than just a will in West Virginia

When individuals want to get their end-of-life affairs in order, it is a big step. People may need to confront ideas and potential scenarios that they would rather not think about, and it can take a great deal of fortitude to move forward with estate planning. Because it is such an important step, West Virginia residents will certainly want to ensure that they plan correctly.

When getting started, many people may think that they will use their will as the cornerstone of their estate plan. While it is true that a will is a useful and often essential document to such a plan, it does not need to be the only document. A will can hold a variety of information, but there is also information that is not appropriate to include in a will.

Is a health care power of attorney necessary for your estate plan?

Planning for the future is never easy, especially when it involves making difficult decisions about things that relate to your health care. The future may be unpredictable, but there are ways you can protect your interests and keep your loved ones from having to make difficult decisions on your behalf. One of the ways you can do this is by adding certain tools to your estate plan.

Many in West Virginia may assume that, since they have a will and have expressed their wishes to their loved ones, there is no need for additional estate planning. In reality, verbal agreements are rarely helpful, and it is necessary to have your plans in writing. A few simple steps, such as adding a health care power of attorney, can give you peace of mind for the future.


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201 N. Kanawha St.
Beckley, WV 25801

Phone: 304-250-9532
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Charleston, WV 25301

Phone: 304-345-4611
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106 N. Jefferson St.
Lewisburg, WV 24901

Phone: 304-992-9711
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