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Charleston WV Personal Injury Law Blog

Lawsuit filed over nursing home malpractice

A West Virginia woman has filed a lawsuit against several defendants, namely a nursing home facility, because of alleged nursing home malpractice. The suit claims that the care facility is to blame for the untimely death of one resident. The plaintiff claims that the staff/managers committed nursing home malpractice by hiring unqualified individuals and failing to train employees. 

Named in the lawsuit is Eldercare of Jackson County, Eldercare Rehabilitation and Eldercare Management Associates along with one individual. The complaint asserts that the negligence occurred over a period of two years. It is alleged that the resident who died in the long-term care facility became dehydrated due to lack of care. 

Legal options when dealing with traumatic brain injuries

Traumatic brain injuries are serious and can have a life-altering, long-term impact. If you or a loved one is suffering because of the negligent or reckless action of another person, there are legal options available. Enduring traumatic brain injuries while facing unexpected medical bills, missed wages and extensive rehabilitation costs can have a detrimental impact on a West Virginia family. Fortunately, you do not have to face this situation alone. 

If you or a loved has suffered a brain injury, we are available to help you seek compensation for your accident-related expenses. A serious medical trauma is expensive, so we work with a unique team of financial and medical professionals to determine the amount of money you need to cover your current medical bills and future needs. If you are dealing with the aftermath of a brain injury, we can help. 

Legal options for victims of nursing home injuries

If your loved one has suffered from nursing home injuries of any kind, it is important to seek help promptly. When a West Virginia family places a loved one in a long-term care facility, it is with the expectation that he or she will be appropriately cared for and carefully monitored. If your family member has suffered from nursing home injuries or you suspect that he or she has suffered from a low standard of care, our team is ready to assist you. 

Nursing home injuries are not always a result of blatant physical abuse. Instead, these injuries can derive from negligence, poor medical care, lack of supervision or malnutrition. Victims cannot always speak for themselves, and these issues may continue for an extended amount of time before they are noticed. If you suspect that your care facility is responsible for wounds, infections, bed sores or a behavior of fearfulness, you may have a legal case. 

West Virginia manager facing second sexual harassment lawsuit

A West Virginia mine manager is facing a lawsuit for sexual harassment for the second time. The manager of the Raven Crest Mine has been named in a civil claim by a woman who worked as a secretary with the company. The woman claims that she was faced with inappropriate advances and that she was asked to perform sexual favors. She is seeking damages for emotional pain and suffering from sexual harassment. 

The woman alleges that, in addition to unwanted sexual advances of a verbal nature, she was also subjected to physical sexual conduct. Mentioned in the lawsuit is a specific incident in which the manager purportedly texted an offensive photo of his body parts to the woman. Despite reporting the incident through the appropriate channels, the woman claims that the manager saw no disciplinary action for his behavior. 

Understanding elder abuse and neglect: what victims need to know

Elder abuse and neglect are significant issues that can have serious physical, emotional and financial repercussions. Even though some victims of elder abuse and neglect may not be able to speak for themselves, the families of victims can benefit from knowing if legal options exist for financial redress. If a West Virginia family suspects that their loved one is a victim of mistreatment, it can be helpful to understand what behavior actually qualifies as elder abuse. 

Elder abuse can come at the hands of a family member, healthcare provider or any individual in contact with an elderly person. Older individuals are more susceptible to mistreatment and harm -- physically, emotionally and financially. Elder abuse is often defined as exploitation of a vulnerable, adult of an advanced age. 

Are a West Virginia victim of quid pro quo harassment?

Quid pro quo harassment can occur in the workplace, but victims may not even realize it. It can be difficult to discern what behavior is considered quid pro quo harassment, but victims who have been subjected to this type of behavior have legal options. When a West Virginia worker believes that his or her employment rights have been violated, it may be best to seek assistance from an experienced employment law attorney. 

This type of harassment occurs when a manager or other figure of authority at work indicates, either directly or indirectly, that an employee can gain favor in return for sexual gratification. This could include promising a raise, promotion or simply an assurance that an employee will not be fired in exchange for a sexual act. A West Virginia employee may be a victim of quid pro quo harassment if a hiring decision was made based upon unwanted sexual advances. 

When workplace accidents affect miners and families

Workplaces accidents can happen in any line of work, but it may be especially prevalent in the mining industry. West Virginia miners face the risk of bodily harm every day simply because of the nature of their employment, but that does not mean that they must suffer alone regarding workplace accidents. Federal laws and regulations grant certain rights to miners through The Mine Act and the MINER Act. 

A better understanding of these laws can inform a West Virginia miner of what should be expected from an employer regarding workplace safety and what should be done after an accident. Anyone who works at a mine, no matter his or her actual role, has rights under these Acts. For instance, an employee can report a dangerous work environment and  is entitled to seek assistance after an accident. 

Claims for medical malpractice or negligent nursing home care

The families of victims of medical malpractice or negligent nursing home care may be hesitant to reach out for help with a wrongful death claim, perhaps because the legal process can be overwhelming. While most West Virginia health care providers provide an acceptable level of care, some patients are victims of errors and negligence. If a loved one died because of medical malpractice or negligent nursing home care, there are legal options available to your family, which may include a wrongful death claim. 

Simple mistakes, such as medication errors, can typically be avoided with proper caution and care. Even so, such mistakes still occur, and, occasionally, medical errors result in the death of a loved one. When medical malpractice affects your family, a civil claim may be appropriate. 

Options for a family after losing someone to a fatal accident

After the unexpected death of a loved one in a fatal accident, you may feel at a complete loss, both emotionally and financially. While there is no amount of compensation that can bring back a loved one or alleviate a family's grief, a wrongful death claim can help a family recoup financial losses that resulted from the loss of a family member. While a fatal accident can leave a West Virginia family with a financial burden for months, or even years, following an accident, our experienced team can help. 

It can be especially difficult when a loved one dies as a result of another person's actions. A speeding driver, dangerous road conditions or medical malpractice may contribute to an accident that was ultimately preventable. If your loved one was killed because of reckless, negligent or dangerous actions, you may have grounds for a wrongful death claim. We can help West Virginia residents determine if they have a case and advise them on how to move forward. 

What should a driver do after a West Virginia truck accident?

A truck accident can be frightening, and it can be easy to feel confused and overwhelmed in the minutes and hours after a collision. What should a West Virginia driver do if he or she is asked not to call the police after a truck accident? He or she should not listen. Failure to take the proper steps after an accident can make the post-accident process more complex and may make it difficult to obtain any compensation to which one may be entitled.

It is noted that the most important thing that a West Virginia driver can do after an accident is to contact the police as soon as possible. Even if the other driver protests, it is vital to have proper documentation in the form of an official police report. Failure to have an accident report can cause issues with insurance and can make it extremely difficult to determine which driver is liable. 

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