Bridgeport Medical Malpractice Lawyer
Medical malpractice is a complex area of law. Since we want to be able to trust doctors and other health care professionals, it can be difficult for those not familiar with the law or the medical field to understand whether negligence has occurred. If you believe your injury or illness is the result of the serious professional misconduct of a doctor, a Bridgeport medical malpractice lawyer may be able to seek compensation on your behalf.
When doctors fail to meet their professional standards, the results can be devastating. By working with a detail-oriented personal injury lawyer your family can get the justice you deserve.
When to File a Bridgeport Medical Malpractice Claim
Plaintiffs need to be aware that West Virginia Code § 55-7B-4 provides them with two years from the date of the malpractice incident, or when they should have known of the negligence, to file a claim. If no claim is filed within this timeframe, the person may give up their right to seek damages.
On the other hand, it is vital to the success of the case that thorough research is conducted before filing. Filing a claim before knowing important facts and details can lead to a less than optimal outcome for a lawsuit. A seasoned attorney could help one file a viable claim within the staute of limitations.
Determining Whether a Healthcare Professional Was Negligent
Negligence is a common legal requirement used to help the jury understand how and why the plaintiff should win their case. When a medical professional is providing sub-standard care that is not congruent with the current standards of their profession, they are negligent.
A medical malpractice lawyer in Bridgeport will need to convince the jury that:
- The defendant provided negligent care
- The defendant breached their legal duty to provide the same care that another with the same experience and education would have provided
- The plaintiff was injured due to the breach of duty
- The plaintiff incurred damages from their injuries
If all of these factors are present, it may be clear that the medical professional acted negligently and thereby should be held liable.
Ending a Lawsuit
Medical malpractice lawsuits can be more complex than other injury claims. Due to the highly technical nature of these injuries, these cases often require the knowledge of expert witnesses. Additionally, finding the correct defendant can also be difficult as many doctors now work as contractors for hospitals which means the hospital may not be held liable.
Most personal injury lawsuits settle out of court. Settlements are often possible in medical malpractice lawsuits as well. Settlements are usually negotiated between the attorneys for the plaintiff and the defendant. Many factors are considered such as the damages the plaintiff is asking for, any state damage caps, the severity of the injury, the age of the plaintiff, and how likely a jury is to render a verdict in favor of the plaintiff based on the evidence.
West Virginia Medical Malpractice Damage Caps
Non-economic losses such as pain and suffering, emotional distress, loss of enjoyment of life in West Virginia medical malpractice cases are limited at $250,000 per claim. To learn more about how these caps could impact a suit, contact a Bridgeport medical malpractice attorney.
Consult with a Bridgeport Medical Malpractice Attorney
Being injured by a person you entrusted your health to can be physically, emotionally, and mentally devastating. You likely have many questions and not many answers. A skilled Bridgeport medical malpractice lawyer could help answer some of your questions and get your case started. Call today to learn more about how an attorney could help.