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Charleston WV Personal Injury Law Blog

West Virginia hospital faces medical malpractice lawsuit

Medical care institutions in West Virginia have the duty to ensure that all medical staff in their employ will provide medical care of a standard high enough not to jeopardize the lives of patients. In cases where the level of care is compromised, medical malpractice claims may follow. In medical malpractice cases, a hospital or nursing home could be held liable for the actions of its medical staff.

A couple from Raleigh County recently filed a lawsuit after the reported negligence of medical staff at a general hospital. Apparently the wife went to the hospital for treatment of a fractured ankle. The suit claims that she became unresponsive and suffered respiratory distress after allegedly being overdosed with painkillers. This condition reportedly necessitated critical care where more drugs were administered in an attempt to reverse the negative effects of the painkillers.

West Virginia car accident in Mercer County injures pedestrian

There are numerous reasons why individuals in West Virginia choose to walk down the road during the early evening hours. This is often a great time to get some exercise and enjoy the cool breeze in the air. Others choose to walk because they are only going a short distance, and it is not worth driving. Regardless of the reason, a person walking along the side of the road expects that traffic will adhere to traffic laws and stay on the road. Recently, a driver veered toward a pedestrian, causing a car accident that resulted in the hospitalization of the pedestrian.

A sheriff's department spokesperson indicates that the authorities believe the driver of the vehicle was driving while impaired. A search of her vehicle revealed prescription drugs on the floorboard. The woman was arrested for DUI. Reportedly, her driver's license was already suspended at the time of the accident.

Many have suffered a serious injury from distracted drivers

Many West Virginia drivers and passengers have suffered a serious injury from distracted drivers. Distracted driving can include behaviors such as texting, talking on the phone and more. Lawmakers in the state are taking legislative measures to curb this type of behavior after an alarming number of residents have suffered a serious injury because of it.

In West Virginia, talking on the phone and texting are illegal activities. If drivers are caught doing this, they could face arrest, fines and other consequences. Statistics say that distracted driving has caused over 3,000 fatalities and almost 400,000 people injured just a year ago. Because of the growing popularity of smart phones and increasing technology, it could be assumed that these numbers will not decrease unless drastic legal action is taken on the part of law enforcement.

A closer look into workplace accidents for cell tower workers

In the recent months, workplace accidents led to the death of two cell tower workers in West Virginia. Two other cell tower workers were injured and required hospitalization for their injuries. Similar workplace accidents across the country have led to an examination of the safety guidelines for these types of jobs.

In the aftermath of the cell tower worker deaths, the Occupational Health and Safety Administration plans to restructure investigations of similar incidents moving forward. It is estimated that approximately 10,000 people are employed by cell companies to build and repair towers across the country. It is considered to be a high-risk job. Many of these employees are hired and paid by subcontractors, making it difficult to determine liability.

Truck accident possibly caused by log truck driver

A West Virginia family claims that a log truck driver is responsible for a truck accident that caused a significant amount of physical and emotional damage. Two parents and their young daughter were in a car traveling along Route 2 when they were struck by a log truck. The truck accident involved a company vehicle owned by MG Miller Trucking Company.

According to the claim filed by the family, the truck did not stop near the intersection of Route 2 and Route 193. Consequently the log truck struck the family vehicle, along with several other vehicles. It is not clear what injuries and damages were sustained in the incident. However, the West Virginia family did confirm that the accident caused them to suffer from unspecified injuries.

Risk for ATV accidents does not deter those who continue to ride

West Virginia readers likely understand that driving or riding an all terrain vehicle poses a certain risk for an ATV accident. There is ample proof that they are more dangerous than many other types of vehicles. However, the commonality of ATV accidents has not deterred some groups from pushing for the ability to drive these types of vehicles on the roads and Interstates.

Many local communities across the country have approved the use of ATVs on roads despite the danger that it could pose to all drivers and passengers. Supporters claim that it could actually improve tourist visitation to a particular area and possibly bring in more tax dollars. Opponents claim that they are not road-approved vehicles and should only be used on roads by those who may need them for work, such as farmers.

Driver will not face criminal charges in fatal car accident

A West Virginia driver has recently learned that he will not face further repercussions from criminal charges filed against him after a fatal car accident. Originally, charges were filed against the young driver after the car accident, but they were subsequently dropped after an agreement formulated between his attorney and the county prosecutor. However, it is important to keep in mind that criminal charges are separate from civil litigation.

The accident took place in Sept. 2012 as the man was driving himself and some friends home after they had been drinking. An accident occurred, and a 23-year-old passenger was killed upon impact. The driver was found with a small amount of alcohol in his system, but it was below the legal limit in West Virginia. After a crash investigation, it was determined that speed and reckless driving contributed to the crash.

Many wrongful death claims filed over General Motors issues

West Virginia readers may be familiar with the ongoing legal troubles from the many wrongful death claims filed against the automaker General Motors. The wrongful death claims stem from the well-publicized accidents caused by issues with certain GM vehicles. Additionally, the company has issued a massive recall regarding some of these potential risks.

Many of the individual lawsuits stem from accidents directly linked to safety issues in the vehicles. These include ignition shutoff while in operation, which would render the car inoperable. Some complainants say that the automaker knew that the cars were faulty and yet still released them to the general public. Some of these fatal or otherwise serious accidents may have occurred in the state of West Virginia.

Young West Virginia girls die in tragic car accident

Two young girls from West Virginia recently passed away after a tragic car accident. The ages of the girls at the time of their death were 19 months old and four years old. Police believe that the car accident was caused by dangerous driving, and they expect charges to be filed.

The two girls were in the back seat of a family sedan when it was struck by two other vehicles. The accident occurred on West Virginia Route 52, and law enforcement has said that they do not believe that alcohol played a contributing role in the accident. The children died from traumatic injuries, despite being properly strapped in their car seats. The driver of the car also suffered serious physical injuries from the impact.

Concussion is a brain injury that may be hard to notice

People who accidentally strike their heads against hard objects may easily suffer from a concussion. Concussions, however, are not always easy to spot. In fact, concussions may even occur if a person in West Virginia never even hit his or head, as a hit to one's body can also have a negative impact on the brain. A few tips can help a person to pinpoint whether he or she is a brain injury victim, which can be caused by a vehicle accident or other incident resulting from another party's negligence.

When a concussion takes place, no structural damage is actually done to the brain. This is why a brain scan might not necessarily help a doctor determine whether a person has suffered a concussion. Other symptoms, however, can point to this type of brain injury.

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