Blog | Tiano O'Dell, PLLC

What Is the Difference Between Negligence and Malpractice?

During a medical malpractice claim in West Virginia, you may hear the term medical negligence and medical malpractice used interchangeably. The two terms, however, are not identical. They technically have two different definitions. Medical malpractice is the overarching practice area, while medical negligence is just one key element of a medical malpractice claim. Negligence vs….

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Who Is at Fault in a Parking Lot Accident?

Many parking lots in West Virginia have been the settings of automobile and pedestrian accidents. Confusing parking lot designs, distracted and negligent drivers, and lots of pedestrians crossing, all increase the risk of parking lot collisions. West Virginia is a fault insurance state. You must determine fault for your parking lot accident before you can…

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What Is Post Concussion Syndrome?

A concussion is the most common type of brain injury. It occurs when a traumatic bump or blow to the head affects the brain, making it bounce or twist around in the skull. A concussion can change the brain’s chemistry, damaging brain cells and sometimes causing life-threatening symptoms. Post-concussion syndrome means the symptoms of a…

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Can You Sue for Misdiagnosis of Cancer?

When a doctor delivers a misdiagnosis of cancer, the resulting damage can be incredibly harmful. Such misdiagnoses can result in mistakenly clearing a patient of cancer, or failing to accurately diagnose cancer, allowing it to worsen. A false positive could lead a patient to undergo unnecessary intensive medical treatment like chemotherapy or radiation treatment. Patients…

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Can You Sue for Vaccine Injury?

Vaccines protect populations from communicable diseases and bacterial infections like diphtheria, measles, and polio. Today, most children receive a range of vaccines during their first years of life to protect them from these potentially fatal diseases. While vaccines are overwhelmingly effective, some patients do experience adverse reactions and some childhood vaccine reactions have caused long-term…

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What Is Anesthesia Awareness?

In a very small fraction of medical procedures, about one or two in every 1,000, patients experience a phenomenon called anesthesia awareness in which they essentially wake up during the procedure and become aware of their surroundings, despite being anesthetized. In some cases, patients are not able to explain what is happening to the surgeon….

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Can I Claim for Asbestos Exposure?

Asbestos exposure can lead to an extremely dangerous form of lung cancer known as mesothelioma. If you’ve worked near asbestos, discuss it with your doctor; people are not always immediately symptomatic for the cancer asbestos causes. Generally, asbestos exposure does constitute grounds for legal action, but only if a claimant’s situation meets specific criteria. Actual…

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