West Virginia Medical Malpractice Lawyer

It is estimated that almost 15,000 to 19,000 professionals are charged with medical malpractice every year. As a matter of fact, medical malpractice ranks as the third most common cause of death in the United States. Victims of medical negligence do not always receive their medical malpractice claims.

Because of this, most victims pay their medical expenses out of pocket. Without any form of compensation, they are buried deep in debt, not knowing how to repay their built-up dues. In this case, hiring a West Virginia medical malpractice lawyer will benefit the victim.

Our West Virginia medical malpractice attorney handled many similar cases in the past. J. Miles Morgan PLLC has long years of successful experience practicing medical negligence and personal injury laws. Our medical malpractice lawyer in West Virginia has helped bring justice to numerous medical malpractice victims throughout these years.

Types of Medical Malpractice Cases in West Virginia

Several types of medical malpractice cases exist. Some of them are more commonly encountered than others. We listed below some of the well-known classifications of medical malpractice in West Virginia.

• Surgical errors. This is the most common type of medical malpractice. One of the known surgical errors is operating on the wrong part of the body. Another surgical error is leaving surgical instruments inside the patient’s body.
• Birth injuries. Medical professionals sometimes commit a medical procedure error. This negligence could result in permanent disabilities for the child. One example is when an epidural needle punctures the baby’s spinal cord. In some cases, a medical error can kill the infant.
• Medication mistakes. A medical professional must follow several procedures before administering medication. If the provider did not observe these procedures, the patient might receive the wrong medicine. Sometimes, a doctor may incorrectly prescribe a medication dosage.
• Anesthesia errors. These errors occur when the anesthesiologist administers an incorrect dosage of anesthesia. Another common anesthesia mistake is failing to track the patient’s vital signs.
• Misdiagnosis or improper diagnosis. An incorrect diagnosis is also a standard medical error. This will prolong the agony of the patient. It’s also more likely that the doctor will not cure the patient’s disease. In this case, they will need another doctor to identify their illness.

Medical Malpractice Claim Process in West Virginia

It’s important to know what you should do after identifying a medical error. Knowing what appropriate actions you must take will improve your chances of recovering compensation. You can use our list below for your reference.

• Speak with the medical provider. You must contact your medical provider and inform them of your decision to take the issue to court. This will allow them to correct their error and possibly cure your condition in the process.
• Connect with a medical malpractice lawyer. If the provider denies any responsibilities, contact a medical malpractice attorney right away. An experienced medical malpractice attorney will help you build a strong case against the negligent doctor.
• Consult with another medical professional. You must also try to confirm with another doctor if the treatment given to you is incorrect. Ask them if they would give you the same procedure or medicine to treat your illness.
• File for a medical malpractice claim. Under West Virginia Law, you can hold the medical professional liable if they mishandled your condition. With the help of your lawyer, you can receive the compensation you deserve.

How West Virginia Medical Malpractice Lawyers Can Help You With Your Medical Malpractice Claim

Our experienced and skilled medical malpractice lawyer in West Virginia has helped numerous plaintiffs in the past. Our medical malpractice lawyer will work to ensure that your voice is heard and justice is served. Our West Virginia personal injury lawyer at J. Miles Morgan PLLC will help you with the following:

• Case Investigation. Our West Virginia medical malpractice attorney will review your case and identify any medical errors your doctor made. Our medical malpractice attorney will review every piece of information present in your case and build a compelling case.
• Evidence Collection. Collecting evidence is crucial for establishing a good case. Our medical malpractice lawyer in West Virginia will help you collect medical records and other viable proof to help your case.
• Negotiation. Our West Virginia medical malpractice lawyer is experienced in compensation negotiation. We will help you receive the maximum compensation available for your situation.
• Representation. We can also represent you on your behalf during medical malpractice litigation. Our personal injury law firm helped numerous victims obtain the justice they deserved in the past.

Medical errors happen all the time. It’s vital that you know what you must do if ever this occurs to you.

Damages Available to Medical Malpractice Victims in West Virginia

Victims of medical malpractice may receive compensation for the damages they receive. You must hold the appropriate person accountable, whether caused by broken medical devices or medication errors. You can receive the following form of compensation after a medical malpractice incident.

Economic Damages

Economic damages refer to the financial losses caused by medical malpractice. This includes your current and future medical costs, lost wages, and other expenses associated with your case. Most people think of this when they hear the word ‘compensation.’

Non-Economic Damages

Non-economic damages are also available for patients who receive injuries due to medical malpractice. You can receive financial payment for your pain and suffering. In addition, you can also receive this compensation if you experience mental anguish, disfigurement, and loss of consortium. Your medical malpractice attorney can discuss other classes of non-economic damages with you.

Punitive Damages

In some cases, you may be able to receive punitive damages from the negligent doctor or hospital. This is a form of compensation meant to punish the defendant for their actions.

Punitive damages are rarely awarded in medical malpractice cases. Your medical malpractice lawyer must show that the doctor acted maliciously to prove that punitive damages are warranted. Furthermore, they would need to show that the doctor is negligent with your condition.

Wrongful Death Damages

You could demand compensation for wrongful death if you lose a loved one due to medical malpractice. You must connect with West Virginia medical malpractice attorneys if a loved one dies from a misdiagnosis or medical mistreatment.

J. Miles Morgan PLLC has helped many people in this situation receive the justice they deserve. Our West Virginia personal injury law firm offers free consultations, so don’t hesitate to call us today! Our medical negligence lawyer will do their best to deliver the outcome you deserve.

Parties Who May Be Responsible for West Virginia Medical Malpractice

Depending on the circumstances, a medical doctor is not strictly liable for this type of accident. A few different people or entities may be liable for your injuries. These include the following:

• The Doctor. This is the most common party responsible for medical malpractice cases. The doctor may be negligent in their diagnosis, treatment plan, or prescription medication.
• Hospital Staff. Employees of the hospital, such as nurses and orderlies, can also be held liable if they were negligent in their duties. This may include failing to provide appropriate care or neglecting to follow the doctor’s orders.
• Healthcare Clinic: Clinics can also be held responsible for medical malpractice. This includes any professionals working at the clinic, such as physical therapists and counselors.
• A Manufacturer can also be held liable for faulty medical devices in some cases. You need to discuss this type of case with a medical malpractice attorney.

The responsible parties are not only limited to the ones mentioned above. Your West Virginia personal injury lawyer can assist you in determining who is to blame for your injuries.

Most Common Causes of Medical Malpractice in West Virginia

A lot of factors can lead to a medical malpractice incident. Identifying the cause of your incident can help you recover the correct evidence to support your case. We listed below some of the most frequent causes of medical malpractice.

• Medication Errors. One of the leading causes of medical malpractice is medication errors. It may involve incorrect dosage, drug interactions, or improper administration. Other types of mistakes are mislabeled medications and prescriptions written for another patient.
• Diagnostic Errors. Diagnostic errors also fall under this category. These occur when a professional fails to diagnose you with an illness or injury during their examination. If left untreated, the victim’s illness can lead to further complications.
• Failure to Treat. Physicians are required to provide treatment according to current standards for your condition. If they fail to meet this level of care, they can be held accountable.
• Nosocomial Infections. Hospitals must keep sterile conditions during surgery and check-ups. If the hospital fails to meet these standards, then it may be liable for your injuries or illness if it becomes infected while you are there.

West Virginia Medical Malpractice FAQs

What is my West Virginia malpractice claim worth?

An experienced medical malpractice attorney needs to review your medical malpractice case. Like every personal injury case, the value of your case is undefined. Your case value will vary depending on a lot of factors.

Factors such as the gravity of the damages you received will largely contribute to your medical malpractice claims value. In addition, the court will also consider your future earnings if you can no longer return to your work after an injury.

How do I prove negligence if I was harmed by medical malpractice in West Virginia?

The victim would need to show proof against the medical professional. You will need to prove the following before accusing the other party.

• Duty of care. It’s not a challenge to prove this one. Almost all hospital personnel owes it to their patients to ensure their safety while inside the hospital.
• Breach of duty. The victim needs to prove that the defendant breached their duty of care and caused injuries to the victim as a direct result.
• A negligent action hurt you. Victims must show that the medical provider was negligent.
• You received damages because of the accident. Lastly, they must prove that they received an injury because of the doctor’s negligence.

How long do I have to file a medical malpractice lawsuit in West Virginia?

West Virginia Statute section 55-7B-4 provides the statute of limitation for a medical malpractice case in the state. According to this law, a victim can pursue a medical malpractice lawsuit within two years from when the victim discovers the malpractice. You must connect with a medical malpractice lawyer as soon as you find out about your doctor’s misconduct.

Once the two-year limit has passed, you can no longer hold them accountable. In most cases, a medical malpractice case resolves in less than a year. However, if you act late, you might miss your deadline and not receive compensation for your damages.

Finding Medical Malpractice Lawyers Near Me | Contact a West Virginia Medical Malpractice Attorney From J. Miles Morgan PLLC for a Free Consultation

You must not tolerate negligent medical care! Suppose a medical professional deviates from their duty. It would be best to speak with an experienced West Virginia medical malpractice attorney about this. They can help you lessen the burden of your medical bills and speak with insurance companies.

If you are under the same or similar circumstances, contact our West Virginia personal injury law firm now! For your free consultation, you can reach us at (304)-543-6357.