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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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 You Sue Kaiser Permanente?

Kaiser Permanente is a managed health care organization or HMO. It offers patients care at Kaiser-owned-and-operated facilities and hospitals with membership but accepting a Kaiser Permanente membership means agreeing to its terms of service. Kaiser Permanente members sign away their rights to sue Kaiser Permanente in the event of a medical injury, and injured patients…

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What are the Chances of Winning a Medical Malpractice Suit?

A medical malpractice claim, in many ways, functions like a personal injury claim against a medical professional, such as a doctor, nurse, surgeon, or anesthesiologist. While the process of filing and pursuing a medical malpractice claim may seem straightforward at first, many claimants quickly realize that medical malpractice claims are complex legal affairs that can…

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