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Huntington WV Personal Injury Law Blog

What happens when a medical device is under a recall?

When a medical device recall goes into effect, it could mean that your health and safety are at risk. Prompt action from the company and your quick action to have the issue resolved could have a significant impact on the damage that a defective medical device can cause. However, if you have a device that is under recall, you would be wise to learn if there was a violation of your rights in any way.

You have the right to a reasonable assumption of safety when you agree to the implantation or use of a medical device or product in your body. If companies delay in notifying patients of issues, West Virginia doctors do not notify patients in a timely manner or other issues arise, victims could have the right to take legal action.

Are you unable to work because of a cancer diagnosis?

Cancer is a sickness that can take a toll on every area of your life. From your ability to care for yourself to your ability to work, this type of disease can take a significant toll, financially, physically and emotionally. For many individuals, the treatment required to fight this disease can be devastating and leave a person weak, sick and disabled.

Some West Virginia residents with a diagnosis of cancer could be eligible for disability benefits. This type of financial support is for people who cannot work due to a medical condition, and for many, this includes cancer. If you believe that you may have a rightful claim for benefits through the Social Security Administration, you would be wise to learn about your legal options. 

Fighting back against a denied car insurance claim

After a car accident, you need your insurance company to step in and do what you paid them to do. Insurance coverage for West Virginia drivers can be quite expensive, and when you give these companies your hard-earned money, it is with the expectation that you will have coverage for losses and damages in the event of an incident. 

When your insurance company fails to do what they said they would do, it can be frustrating and leave you in a state of financial duress. The act of refusing to pay on an incident that clearly qualifies per the terms of your coverage contract is acting in bad faith. This could be grounds for you to file a civil claim against your insurance company.

Tragedy can occur when loved ones wander from nursing homes

When your parent began to show signs of dementia, it may not have surprised you, especially if Alzheimer's runs in your family. You may have done your best to take care of your dad or mom while you could, knowing that, eventually, he or she would need more extensive attention. Finding a nursing home was a logical solution.

Since 60 percent of those with dementia tend to wander, nursing homes with Alzheimer's units typically have alarmed doors and other safety precautions in place. That is why the phone call informing you that your parent wandered away may come as a complete shock.

Whiplash and the impact of a neck injury on your daily life

Neck injuries are some of the most common types of injuries suffered in car accidents. Whiplash injures are particularly prevalent, yet people often dismiss this type of injury as minor. While whiplash is not a life-threatening condition, it is serious and can have a major affect on your daily life.

Whiplash injuries can vary significantly in severity and if you recently suffered this type of injury in a car accidnet, it's important to seek medical attention. Whiplash can be tricky and sometimes the full impact of this injury isn't realized until days or weeks after a crash.

Will your work history affect your disability claim?

If you are unable to work due to a significant medical condition, you likely have major concerns regarding your ability to support your family and pay for daily expenses. At this point, you may wish to file for Social Security benefits, but without a qualifying work history, you may not be able to secure benefits through Social Security Disability Insurance.

Fortunately, you are not out of options. West Virginia applicants who are unable to secure SSDI benefits may be able to apply for another type of support, Supplemental Security Income. Like other types of benefits, the application process can be quite complex, and you may require assistance to secure the benefits to which you have a rightful claim.

Elder abuse in nursing homes: Fight back for your loved ones

Your West Virginia family may face the need to place a loved one in a nursing facility due to a mental or physical condition that requires extensive, knowledgeable care. While many of these facilities provide excellent care and compassionate service for their patients, that is not always the case. Unfortunately, some nursing homes are guilty of neglect and other forms of elder abuse.

If you suspect that a loved one who lives in a nursing home is currently facing abuse of any kind or has in the past, you may act on his or her behalf. Elder abuse is inexcusable and reprehensible, and those responsible are liable for any emotional and physical trauma that occurs as a result.

It's not all in your head: The true impact of a concussion

Did you suffer a head injury in a car accident? One of the leading types of injuries that West Virginia drivers and passengers suffer in car accidents is a concussion, a type of traumatic brain injury. Despite the fact that any type of damage to the brain is serious, these types of injuries often come with the incorrect perception of being relatively minor. Contrary to what you might think you know about concussions, your injury is actually a big deal.

Concussion victims often feel that they have not suffered any type of major injury because they may not feel the effects of it until days or weeks later. A delay in symptoms might mean that you don't fully understand the seriousness of your injury, or the extent to which it can affect your life right away. However, this does not diminish your rights as an accident victim.

A denied disability claim is not the end of the road

The inability to work, provide for your West Virginia family and pursue a successful and fulfilling career is frustrating, but you may find yourself even more discouraged to learn that your application for disability benefits did not receive approval. This is certainly a setback, but this is not the end of the road for you.

Fighting back against a denied claim can be a daunting prospect. Where do you go from here? Who can help you appeal and eventually secure the benefits you need? The road ahead is complex, and you would be wise to first secure the assistance of an attorney experienced in denied Social Security Disability (SSD) claims.

Is your medical device subject to a recall?

Like others here in West Virginia, you might rely on an implanted medical device to live a normal life after an injury or physical condition. The advances made in medical technology sometimes come with a price, however. Medical devices in particular could wreak havoc on your body since mistakes could occur during the manufacturing process.

When such manufacturing mistakes are discovered, the manufacturing company and the Food and Drug Administration issue recalls to deal with the defective product. In addition, patients and medical professionals also receive notices.

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