West Virginia Medical Malpractice Lawyer
Medical malpractice occurs when healthcare professionals such as doctors, nurses, dentists, pharmacists, and therapists fail to treat patients properly. If any healthcare provider caused injury or infection by not treating the patient as a similarly trained professional would have, this could be considered medical malpractice. Medical malpractice can happen at any stage of treatment, such as diagnosis, patient transfer, surgery, or even aftercare.
Responsibility or blame is easy to prove in some personal injury cases. However, this is not the case with medical malpractice. It would be virtually impossible to battle doctors or their insurance companies alone. You’ll need the help of a trained medical malpractice lawyer in West Virginia to hold medical professionals accountable for the harm they cause from negligent treatment.
If you believe you may be the victim of medical malpractice, call Miley Legal for a complimentary case evaluation. We’ll listen to the facts of your case and explain how we can fight on your behalf.
Duty of Care
Understanding the duty of care is crucial when dealing with medical malpractice. It’s like a professional promise from a doctor to provide the best possible care. This knowledge empowers you to recognize and address potential malpractice instances, making you a more informed patient.
Winning a medical malpractice case requires the plaintiff to prove four legal facts. As the plaintiff, you are responsible for showing that the medical provider owed you a duty and that the provider breached that duty. The breach caused you to be injured, and lastly, you suffered damages due to the violation. This proactive role is crucial in seeking justice for your case.
Examples of Medical Malpractice
There are many reasons why malpractice can occur. While doctors take an oath, they are still human and can miss something while diagnosing a patient or do not pay attention when a patient tries to explain what’s wrong with them. Doctors know best, right? Not always.
Surgical Injury
Many incidents of malpractice happen while a patient is undergoing a surgical procedure. A sponge might be left inside the patient; worse, a doctor might have operated on the wrong patient or body part. This type of malpractice is known as a ‘never event,’ a term used in healthcare to describe serious, largely preventable patient safety incidents that should never occur.
Mistakes With Medications
Although medication mistakes should not happen, they are more common than one would think. They often occur in hospitals, where a doctor might prescribe incorrect medication for a patient’s ailment. In other cases, a nurse or doctor might erroneously give incorrect medicines, such as giving medication to one patient that’s meant for another.
Other examples of malpractice include misdiagnosis, birth injuries, failure to obtain informed consent, anesthesia errors, and delayed diagnosis or treatment. While there are many more examples of medical malpractice, patients should always be able to trust the medical providers and facilities where they go for treatment, and the last thing they should be worried about is the level of care they are receiving.
Time Limits to File a Claim
Time Limits, also known in legal terms as the statute of limitations, is two years from the date of injury or when the injury is discovered, the same as for any other type of personal injury case.
For minors, the time limit in a medical malpractice case is two years or before the minor turns 12, whichever is longer. The time limit is one year for a nursing home malpractice.
No matter the circumstances in your case, calling an attorney as soon as possible after your injury is always best. Gathering medical information and professional witnesses takes time, and urgency is crucial in ensuring the best possible outcome for your case.
Medical Expert Witness Testimony
West Virginia law requires a certificate of merit for medical malpractice claims. This certificate is a written document created by a qualified healthcare provider qualified as an expert by West Virginia’s civil court rules.
Expert medical witnesses possess specialized training and extensive knowledge in their field, making them credible authorities in personal injury cases. Their testimony can be critical in helping the court understand complex medical issues and establish the connection between the injury and the defendant’s actions.
Why Should You Contact Our Medical Malpractice Law Firm In West Virginia?
Establishing fault is often more straightforward in personal injury cases like car accidents, and responsibility can usually be determined through evidence like police reports, witness statements, or traffic camera footage.
However, proving negligence is much more complex in medical malpractice cases. The plaintiff must demonstrate that the doctor’s actions fell below the standard of care. Doctors and hospitals will have their own legal teams and expert witnesses, making it challenging for the plaintiff to prove their case without experienced legal representation.
Contact Our Skilled WV Medical Malpractice Attorneys
At Miley Legal, our medical malpractice attorneys have years of experience fighting for victims of healthcare providers’ negligence. We know how difficult it may be to try to sustain life after such an injury, and we work hard to help you receive the best compensation you need to continue life as you knew it before the injury. Contact us today for a no-obligation consultation to discuss your case and legal options.