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Suffering from medical malpractice can turn your world upside down. You understandably assumed that your medical provider would uphold a reasonably high standard of care when handling your symptoms. Unfortunately, not all medical providers will exercise the care and caution their patients may need. If you have suffered due to medical negligence, you can hold the responsible parties accountable with the help of a skilled West Virginia medical malpractice lawyer.

What Is Medical Negligence?

Medical negligence occurs when a care provider does not provide the high standard of care that another provider, presented with the same patient under the same circumstances, would most likely provide. Medical negligence often has substantial consequences for the victim, including failure to treat or even worsening serious conditions.

Types of Medical Negligence

Medical negligence can occur in a variety of scenarios, often due to the liable party’s failure to provide timely and appropriate care for a patient based on current symptoms. Examples of medical negligence include:

  • Failure to diagnose a specific ailment based on clearly-presented symptoms
  • Failure to provide treatment for a specific, diagnosed ailment based on the usual course of treatment
  • Misdiagnosing an ailment despite the clear presentation of symptoms
  • “Never events,” which may include specific, dangerous surgical errors that can lead to substantial injury and long-term complications for the patient
  • Birth injuries
  • Medical device errors, including dangerous medical devices that have unanticipated challenges that can lead to injuries for their users

In order to determine whether you have sustained medical negligence or malpractice in a medical care setting, consider what standard of care would have been provided by another medical care provider and how your provider failed to adhere to that standard.

Have You Been a Victim of Medical Malpractice in West Virginia?

In general, you may be a victim of medical negligence if:

  • You had a doctor/patient relationship with a provider
  • That provider failed to offer a reasonable standard of care in your treatment, based on accepted standards for treating the symptoms you described
  • You sustained injuries or damages because of that insufficient treatment

Specific cases of medical negligence may depend on what you actually suffered as a result of that medical negligence and the standard of care your doctor should have provided in dealing with your case.

Who Can Be Sued for Medical Negligence by a West Virginia Medical Malpractice Lawyer?

A medical malpractice lawsuit may look a little different from other types of personal injury accidents, such as workplace accidents or dog bites. Negligible parties for medical malpractice may include:

  • The doctor who committed an act of medical negligence against you
  • The practice or hospital where the act of medical negligence occurred
  • A pharmacist who failed to properly check prescriptions before issuing them
  • The manufacturer of a defective medical device that ultimately ended up causing serious injury to you

Talk to a West Virginia medical malpractice lawyer to learn more about who may be held responsible for committing medical negligence against you.

How to Bolster Your Medical Malpractice Case

After suffering from medical malpractice, you might know that you deserve compensation for your losses and injuries but not know what to do next in order to protect yourself and build your case as well as possible. Here are some tips to help you strengthen your case:

  • Carefully document your care and interactions with your provider.
  • Get a second opinion if you have questions about your care.
  • Try to follow the guidance and instructions provided by your care team during your recovery.

Finally, contact a West Virginia medical malpractice attorney as soon as you can. Your attorney can help go over the challenges you may have suffered and support you as you move forward with your claim.

How a West Virginia Medical Malpractice Lawyer Can Help

If you have suffered medical malpractice due to the negligence of a medical care provider, a medical negligence lawyer can offer a number of important advantages:

  • Help you get a better idea of the compensation you may deserve
  • Help you assess whether you have grounds for a claim
  • Help you collect the evidence you need
  • Connect you with an expert witness who can help you establish the medical negligence you have faced

Dealing with the aftermath of a serious injury due to medical malpractice can leave you struggling. Filing a medical malpractice lawsuit can help you seek compensation for those injuries. Contact us today to schedule your free consultation.

FAQ

How much compensation can I recover for a West Virginia medical malpractice event?

Compensation may vary. However, you can expect your claim to include compensation for increased medical costs, lost wages, and pain and suffering. There is no maximum limit on economic damages (such as medical expenses and lost earnings), but West Virginia law limits non-economic damages (such as pain and suffering) to $250,000.

How can I prove that my care provider deviated from the standard of care?

You may need an expert witness, often another doctor in the same field, to testify about the standard of care in your particular case. Your attorney can help connect you with an expert witness.

When should I contact a medical malpractice attorney in West Virginia?

You should contact a West Virginia medical malpractice attorney as soon as you realize that you have suffered malpractice at the hands of a medical provider. The statute of limitations in West Virginia is just two years, so even though you may not feel fully recovered from the incident, it is important that you begin the process of filing a medical malpractice claim straight away. Attempting to file your medical negligence claim after the statute of limitations has expired will result in your case being dismissed.

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