Charleston Firm Accomplished in Medical Malpractice Lawsuits
Recovering damages for injured patients in West Virginia
Medical malpractice cases can be physically and emotionally devastating, because the person you trusted to help you has now caused you harm. Many individuals injured by doctors or hospitals are unaware of the requirements imposed by the West Virginia Medical Professional Liability Act (MPLA) and unsure if their injuries meet the criteria for a medical malpractice case. Our Charleston attorneys can inform you about the many types of incidents that this area of practice comprises. Of the 307 medical malpractice actions filed in 2016 in West Virginia, 131 were in Kanawha County, making up 42.7 percent of the statewide total.
Most common medical malpractice cases
We work to recover compensation for people and their families who have been victims of:
- Doctor malpractice — Our lawyers represent patients injured due to misdiagnosis of injury or illness, false positives, prescription drug errors, botched surgeries, head and brain injuries, birth injuries, obstetric mistakes, and other acts of doctor malpractice.
- Hospital negligence — We recover compensation from medical facilities for hospital negligence, including hospital-acquired infections, nursing errors, surgical mistakes, and falls.
- Wrongful death — Our compassionate attorneys file wrongful death lawsuits to obtain justice for families whose family members died because of medical malpractice.
Recoverable compensation may include past and future medical expenses, pain and suffering, emotional distress, and lost income, subject to limits imposed by the MPLA.
Who can be sued in a medical malpractice case?
In West Virginia, any person or health care organization that is licensed to provide medical treatment can be held liable for medical negligence, including:
- Hospitals
- Nursing homes
- Clinics
- Medical groups
- Doctors
- Surgeons
- Physicians
- Dentists
- Nurses
Our experienced medical malpractice lawyers can explain whether you may have a viable claim against a health care provider and how to proceed with pursuing it.
Time is of the essence suing for medical malpractice
West Virginia’s statute of limitations allows you to file a lawsuit up to two years from the date of your injury or from the time the damage reasonably should have been detected. A cause of action for injury to a minor, brought by or on behalf of a minor who was under the age of ten years at the time of such injury, shall be commenced within two years of the date of such injury, or prior to the minor’s twelfth birthday, whichever provides the longer period. Consult with our dedicated medical malpractice attorneys as soon as possible to avoid forfeiting your right to recover compensation.
Filing a notice of claim and screening certificate of merit
West Virginia has strict procedural rules for medical malpractice lawsuits, imposed by the MPLA. At least 30 days before you file your case, you must send a notice of claim via certified mail to each health care provider you are suing. Among other things, the notice must state the grounds for the lawsuit and list all potential defendants. It must also include a screening certificate of merit — a written opinion by a qualified medical expert about how the defendants deviated from the applicable standards of care and how this deviation resulted in injury. Our experienced medical malpractice attorneys can ensure your case meets these legal requirements.
Helping win the maximum compensation available
Our lawyers are skilled at making the best case for fair and just compensation for your injuries, even though West Virginia puts limits on the amounts recoverable. The MPLA imposes caps on damages for pain and suffering — also known as noneconomic damages — limiting recovery to:
- $250,000 for the pain and suffering you experienced as a result of your injury
- $500,000 if you were left with a permanent disability
- $500,000 for your pain and suffering if you lost a family member
By contrast, there is no cap on recovery of economic damages resulting from your injuries, including compensation for:
- Lost income
- Diminished future earning capacity
- Medical bills
- Costs of future medical treatments
Our attorneys will document your claim with strong evidence to maximize your recoverable economic and noneconomic damages.
Why you need a lawyer for filing a medical malpractice claim
Our lawyers know the complexities of medical malpractice cases and the special rules and requirements that must be met. These cases often rely on complicated testimony by medical experts. Our skilled attorneys are able to understand and explain these complexities in negotiations and in court, helping you make the strongest arguments for full compensation.
Consult our Charleston medical malpractice lawyers to recover damages from the doctor or hospital that injured you
For more information about medical malpractice claims in West Virginia, call at 800-876-5529 or contact us online to schedule an appointment.
