Morgantown Medical Malpractice Lawyer

While the vast majority of Morgantown medical professionals have their patients’ best interests in mind, the unfortunate reality is that mistakes happen every day. Given the implications a medical mistake can have, it should come as no surprise that some of these errors are fatal. In fact, one study estimated that as many as 210,000 Americans die from medical mistakes each year.

If you believe you have viable claim for medical malpractice, place a call to a compassionate personal injury attorney right away. With a Morgantown medical malpractice lawyer guiding you, a financial settlement is possible.

Common Types of Malpractice

Given the countless medical procedures that take place in Morgantown each year, it is impossible to perfectly categorize every way that they can go wrong. However, there are some general categories that most malpractice injuries fall into. When initially reviewing a case, a Morgantown medical malpractice attorney must consider not only the potential cause of the victim’s injuries but also the damages that might be available through litigation. Five common categories of medical malpractice errors include:

  • Misdiagnosis
  • Delayed diagnosis
  • Failure to treat
  • Surgery mistakes
  • Birth injuries


One of the most common forms of Morgantown malpractice involves a doctor’s failure to diagnose an injury or illness correctly. This error can involve a physician incorrectly identifying an illness or even making the incorrect determination that there is nothing wrong with the patient.

Delayed Diagnosis

Medical injuries can occur even when the doctor makes the correct diagnosis if there is an unreasonable delay. A failure to diagnose in a timely manner can result in a condition worsening or even becoming untreatable.

Failure to Treat

Medical malpractice may also occur when a doctor reaches the correct diagnosis but fails to act on it appropriately. A failure to treat can stem from carelessness on the part of the doctor or even recording errors made by the hospital.

Surgery Mistakes

Due to the invasive nature of most surgeries, the potential for severe injury is high. Mistakes can lead to severe injuries like blood loss, nerve damage, or even death.

Birth Injuries

Birthing injuries are particularly serious, as two lives are at stake. These injuries can occur during labor or childbirth. In some cases, mistakes by the obstetrician during the mother’s prenatal care could also result in serious medical issues.

Deadline to File a Medical Malpractice Claim

Like with all types of lawsuits, West Virginia sets a deadline on the filing of a medical malpractice claim. This deadline, referred to as the statute of limitations, bars a plaintiff from bringing a medical malpractice action after it expires.

According to West Virginia Code §55-7B-4, the statute of limitations for a Morgantown medical malpractice claim expires two years from the date the injury occurs, or the date the plaintiff discovers the injury, whichever comes last. The length of time to file suit when the medical injury has not yet been discovered cannot extend longer than the amount of time a reasonable person would have discovered the injury through due diligence, however. For a better understanding of the exceptions to the statute of limitations, reach out to a Morgantown medical malpractice attorney.

Contact a Morgantown Medical Malpractice Attorney

When you receive medical treatment, you do so with the belief that you will come through the procedure in better shape than before you went in. Due to the negligence of a doctor, nurse, or hospital, this is not always the case. To pursue the compensation you deserve and to hold accountable those responsible for your medical injuries, contact a Morgantown medical malpractice lawyer today.