Fairmont Medical Malpractice Lawyer
When a medical professional fails to cure or treat your ailments and cause you unnecessary harm, they could be held liable in court. Filing a medical malpractice claim could be intimidating and complex. They tend to be more complicated than ordinary personal injury claims and could require extensive resources, medical experts, and legal experience just to get started.
If you or a loved one were injured due to the negligent actions of a medical professional, seek help from a dedicated legal professional. A Fairmont medical malpractice lawyer could investigate the incident, collect evidence, and speak to witnesses to help prove your case. An experienced personal injury attorney could provide the legal support you require to understand the process better, and proficiently pursue your legal remedies.
Defining Medical Malpractice
Medical malpractice is a field of personal injury law, dedicated to helping injured patients seek compensation for harm done to them by their attending health care professionals. Not every instance falls under medical malpractice. Medical professionals sometimes fail at reviving or treating a patient. But when a health care professional deviates from the standard of care, malpractice has occurred.
A seasoned medical malpractice lawyer in Fairmont is required to prove that the defendant deviated from the standard of care by failing to use the same type of care that another prudent health care provider would have under similar circumstances.
Types of Medical Malpractice Claims
Each medical malpractice case is different and has a different fact pattern that could impact which type of claim a plaintiff pursues, as well as the relief sought. However, regardless of the cause, all medical malpractice cases filed pursuant to West Virginia Code §55-7B-4 must be filed within two years of the date of the medical error, or the discovery of the injury caused by the error.
Failure to Warn
Failure to warn is a common cause of medical malpractice. Doctors have a duty of informed consent, which states that they must warn their patients of known risks related to proposed treatment and procedures. If a doctor breaches their duty, failing to inform their patient of the risks properly, they could be held liable for medical malpractice.
In many cases, doctors make mistakes regarding a patient’s diagnosis, as well as when performing procedures. A knowledgeable Fairmont medical malpractice attorney would have to prove that the doctor’s treatment and conduct would not have been performed by any other competent doctor under the circumstances. For example, during wrong-site surgeries, when a surgeon leaves an instrument inside of a patient, causing harm, the plaintiff would show that a competent doctor in the same field would not have made the same mistake.
Patients might also have the opportunity to sue the hospital for negligence. Hospital staff, administrators, as well as the owner and operator of the hospital, could face liability. For example, if the hospital fails to maintain the premises, causing dangerous conditions that cause harm to in-patients, they might be liable for damages.
Reach Out to a Fairmont Medical Malpractice Lawyer Attorney Today
Taking on a medical malpractice case is tough work. There are many obstacles to climb, and doing so on your own could be an overbearing experience. Medical providers have experienced defense firms and insurance companies at their disposal.
But you do not have to fight for your right to just compensation alone. A Fairmont medical malpractice lawyer could join your side. They could advocate zealously on your behalf, from drafting your legal documents and negotiating the settlements, to presenting your arguments in court. Call today to learn about your legal options to recover compensation.