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500 Randolph Street, Charleston, West Virginia 25302

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Medical Malpractice Lawsuits in Charleston

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 caused you additional harm. Many individuals injured by doctors or hospitals are 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, including:

  • Doctor malpractice — Our lawyers represent patients injured due to misdiagnosis of injury or illness, false positives, prescription drug errors, botched surgeries, obstetric mistakes and other acts of doctor malpractice.
  • Hospital negligence — We recover compensation from medical facilities responsible for hospital negligence. These cases include hospital-acquired infections, nursing errors, surgical mistakes and falls.
  • Wrongful death — Our compassionate attorneys file wrongful death lawsuits to obtain justice for families whose loved ones died because of any type of medical malpractice.

Statute of limitations

Time is of the essence in seeking redress for a medical mistake. The West Virginia 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. For your child, you have two years from the date of injury or until age 12 to file. Consult with our dedicated medical malpractice attorneys as soon as possible to avoid forfeiting your right to recover compensation for your injury.

Calculating economic and noneconomic damages

Economic damages refer to the measurable losses of money or property resulting from the negligent actions of the medical professional or entity that harmed you. An award for economic damages might include compensation for:

  • Lost income
  • Diminished future earning capacity
  • Medical bills
  • Costs of future medical treatments
  • Disfigurement and scarring
  • Disabilities
  • Emotional distress and psychological issues

Noneconomic damages are the pain and suffering caused by your injuries. They include a host of physical and emotional results.

Caps for noneconomic damages

West Virginia statutes impose a cap on recovery for noneconomic damages. You are limited to an award of $250,000 for the pain and suffering you experienced as a result of your injury, or $500,000 if you suffered a permanent disability. If you lost a loved one, you can recover up to $500,000 for your pain and suffering. These caps are increased only by the yearly consumer price index published by the United States Department of Labor. Your doctor must carry medical malpractice liability insurance to qualify for the cap. Our lawyers calculate maximum economic damages, which are not capped, so that you are justly compensated.

Consult our Charleston medical malpractice attorneys to recover damages from the doctor or hospital that injured you

For more information about medical malpractice claims in West Virginia, call The Calwell Practice at 304.400.6558 or contact our law firm online to schedule an appointment.