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Wheeling Personal Injury Law Blog

Manufacturers of blood clot filter sued in West Virginia

For West Virginians facing serious health issues, the cure may sometimes be as bad or worse than the disease. Pulmonary embolism, for example, is a serious condition that occurs when a blood clot travels via the bloodstream from the veins deep in the legs into the lungs, making it difficult to breathe and potentially causing death. When a patient has already had one pulmonary embolism, doctors wish to prevent a recurrence. One means of prevention is a filter surgically placed in the inferior vena cava, the main vein in the body that leads from the legs to the heart. In theory, the filter allows normal blood flow to the heart and lungs while preventing clots from traveling to the vital organs. 

Following treatment for a pulmonary embolism, one West Virginia man had such a filter implanted to prevent recurrence. According to the assurances he allegedly received, the device could be surgically retrieved with ease and was only necessary on a temporary basis. Nevertheless, the patient claims that the filter had migrated between the time of implantation and the date intended for its removal, causing the surgeons to terminate the procedure when they were unable to retrieve the device as planned. 

Proper use of child restraints may reduce injuries in an accident

For parents of young children, there is always something begging their attention and driving in the car is no exception. Often, parents are doing their best to stay focused on the road while answering questions, negotiating arguments and trying to hand food or toys back to their children to keep them content on the drive. While car seats may seem like just another monotonous item on the to-do list, protecting children from debilitating injuries in a car accident in West Virginia can be more doable with the proper application of child restraints designed to keep children safe. 

According to Nationwide Insurance, parents should spend adequate time reading through the owner's manual on any car seats they purchase for their children. These documents will tell them how to safely install the car seat, provide information about weight and height requirements and give details about the car seat's manufacturing information including expiration dates and maintenance tips. 

Unique dangers of driving on rural roads

Car crashes are shockingly common in West Virginia, perhaps partly due to the prevalence of rural roads. In fact, nearly 62 percent of deadly auto accidents in the state take place on rural roads. 

Due to our winding hilly road and a lack of barriers and signs, people are more likely to end up colliding with something on a rural road than a standard street. If you ever find yourself driving along these rural roadways, then you need to be aware of the following dangers to avoid an auto accident.

Can I be prescribed the wrong medication?

Following your trip to your West Virginia doctor, you may receive a drug prescription for your newly diagnosed medical disorder. Naturally, you expect that your physician has done due diligence in making sure you have the correct medication or that your pharmacy will fill the correct order. However, sometimes a patient can end up with the incorrect drug.

The U.S. News World and World Report website lists a number of reasons why a patient might be given a wrong or mislabeled prescription. These can include any of the following:

  • The drug has a name that looks like another drug.
  • The name of the drug looks very similar to another drug.
  • The patient receives the right medicine but the wrong dosage.
  • The drug is correct but the directions to consume it are wrong.

How can I cope with a traumatic death?

Dealing with the loss of a loved one is never easy. When a death is sudden and especially traumatic, it can be exceedingly difficult to navigate the grieving process. Having the right support is key in this case, as support can provide healthy methods of coping while also enabling you to work through your grief. Psychology Today offers the following advice to help people who’ve experienced tragic and unexpected personal losses.

Anger is a natural emotional response

What is PTSD?

Some mental disorders can occur suddenly in a person who has no family history of them. One of those is post traumatic stress disorder, which is a psychiatric disorder caused by trauma of some type, according to the American Psychiatric Association. PTSD can happen to anyone in West Virginia. Although, it is often associated with people who have serviced in the military, specifically in combat zones, and those who have been through a seriously traumatic experience.

PTSD causes intense feelings and thoughts that are linked to traumatic experience. It can cause flashbacks, depression and emotional distance. Some people with the disorder may also start abusing drugs or alcohol. It may make people retreat away from others or react strongly to certain situations or triggers, such as sounds, people, smells or other sensory stimuli. The severe reactions that characterize PTSD can be triggered by anything that even remotely relates to the trauma the person went through.

3 causes of preventable deaths in hospitals

When you are ill or simply being proactive about your health, you may visit a hospital for a check-up or treatment. The last thing you would expect is to have your health worsened. Too often, though, hospitals threaten patients' health as much as they improve it. This is evidenced by the striking number of preventable deaths and illnesses that occur in hospitals each year.

According to the Institute for Healthcare Improvement, mistakes in hospitals claim the lives of approximately 440,000 patients annually in the United States. Consider the following three common causes of death that can be prevented in a hospital setting:

Could technology make offshore drilling safer?

There are many dangerous professions in West Virginia. One of the toughest is offshore drilling. Not only are you away from your family but you are also in the middle of a body of water. Getting help or reacting to an emergency is hindered by the job location. Then, there is the risk of working with flammable substances and complex equipment. As much as the industry works to make things safe for employees, it does not stop the many injuries and deaths that occur every year.

However, according to The Next Web, technology may be the solution to keeping oil rig workers safe. Automated monitoring systems are being tested to see if they can help. These systems are able to check and watch over rigs to spot any weaknesses or other issues within the equipment or lines that could lead to explosions, leaks or fires.

What is required to prove medical malpractice?

There are many situations where people in West Virginia may not be happy with a health care provider, but how can you know when your situation goes beyond just being unhappy and is an actual case of medical malpractice? The answer lies in the law, which is very specific as to what needs to be proven in order for a charge of malpractice to be levied.

According to the West Virginia Legislature, there is a general level of care that everyone should expect from medical providers and that is required under law. When a provider does not meet this level of care, it is possible malpractice has occurred. To this end, the state requires that to prove your case, you must show that your provider did not provide you with a proper level of care. This means that he or she did not treat you in a way that another health care provider would have done in the same situation. This lack of care needs to have caused you injury.

Preventing your children from causing distractions while driving

You are on your way to the grocery store and your toddler drops his toy onto the floor of the car. He asks you to get it and you inform him that you will when you arrive at the store. He begins wailing and is eventually screaming so loud that you cannot even hear yourself thinking. At Gellner Law Offices, we have helped many parents in West Virginia who have been involved in automobile accidents. 

There is little else as stressful as driving with your children sometimes. You may find yourself trying to break up fights, retrieve toys, open fruit snacks, hand water bottles or even catch vomit all while trying to drive at the same time. Unfortunately, these distractions can create a major diversion from driving and leave your family's wellbeing and safety at risk. According to Parents, there are some helpful preventative measures you can take to reduce the amount of distractions you deal with while in the car. Some of the things you can do include the following:

  • Abandon your cell phone: Do not give into the temptation to fiddle with your phone while you are driving. Set a good example for your children and keep everyone safer. 
  • Stock up on food: Make sure that you take care of your food needs before you leave the house. If you think your children will be asking for food, give them each a snack before you begin driving. 
  • Be aware of other distractions: Know what other distractions you are prone to giving into while you are driving. Examples include programming your GPS or trying to do your makeup. Make an active effort to prepare ahead of time so you can avoid the temptation to multitask. 

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