Charleston Medical Malpractice Attorney
There is no such thing as a 100% guarantee for any type of medical diagnosis or treatment. There can be a level of certainty based on test results and the patient’s medical history.
The hope is that the doctor’s medical knowledge can provide a favorable outcome. Unfortunately, not all outcomes of medical treatment are going to be favorable. There are some diseases or injuries that are too far gone. Just because a patient doesn’t achieve the desired outcome doesn’t mean the doctor acted negligently.
On the other hand, there are clear examples where a medical professional breached the standard duty of care they owed to a patient. In those instances, you could be dealing with an actionable case of medical malpractice.
That’s an issue where an experienced Charleston medical malpractice attorney can provide clarity.
Why Choose Hendrickson & Long, PLLC?
The attorneys at Hendrickson & Long, PLLC, have helped many clients navigate the complexities of medical malpractice claims. Why should you reach out to our firm to discuss your medical malpractice concerns? Consider the following:
Our Years of Expertise
Hendrickson & Long, PLLC, has over two decades of dedicated experience as a litigation-oriented law firm, providing guidance and support for clients in a variety of personal injury claims, including medical malpractice. That experience provides us with keen insight into how defendants operate and allows us to negotiate aggressively with major insurance carriers and hospital organizations.
Our experience also extends to numerous courtroom appearances, where we have successfully litigated on behalf of our clients.
Our Investigative Team
We have a network of reliable medical experts across all practices that we call on to support our clients.
These experts review records and testimony to create a comprehensive narrative of what happened.
Our Successful Track Record
Every medical malpractice case is unique, and the impacts of negligence vary in their effects on patients and their families. That is why we can’t say with certainty what a case is “worth.” However, we are proud of our successful track record, which has generated millions in settlements for our clients.
Our Personalized Attention
Our client’s well-being will also be our priority. We understand the importance of providing clarity on complex legal concepts. It is also vital to keep our clients informed about every step of the legal process.
We strive to address any concerns promptly by maintaining open lines of communication.
What Are Common Types of Medical Malpractice Cases?
When seeking medical treatment, you will encounter several professionals, beginning with the administration and intake staff, and including the doctors and various lab technicians. If a treatment is prescribed, additional support staff will be part of the team. All of these professionals need to coordinate their efforts to achieve a positive outcome.
Unfortunately, there is also the risk of error at any point in that chain. The following are the types of medical malpractice cases we provide support for:
Misdiagnosis
Every treatment begins with a diagnosis. Sometimes that diagnosis is provided by the doctor and confirmed with test results. If there is a misdiagnosis, it can mean a delay or failure to treat anything from cancer to bacterial infections. A misdiagnosis can extend to lab technicians and radiologists who misinterpret lab results.
Surgical Errors
Surgical errors can occur for various reasons, including breakdowns in communication or failure to recognize a problem. There can also be complications from infections or leaving an instrument behind in a patient.
Yes, that happens. Any one of these errors should have been anticipated or recognized by the surgical team. Failure to do so results in harm and rises to the level of an actionable offense.
Medication Errors
A doctor prescribes medication to a pharmacist, who fulfills the order. If that medication is the wrong dosage or if they fail to provide the patient with proper instructions, it could lead to adverse side effects and harm.
Anesthesia Errors
Administering anesthesia requires a delicate balance to ensure the patient gets the proper dosage.
If that patient is administered too much or too little anesthesia, it can trigger significant harm, including brain damage or cardiac arrest.
Emergency Room Errors
An emergency room is designed to provide immediate medical care. It is also a high-intensity environment where several critical patients can be tended to simultaneously.
The staff in an ER are trained to handle stress, but that doesn’t make them immune to errors. ER doctors can delay a diagnosis or release a patient who should be admitted.
Doctors Under the Influence
A doctor is under an extreme amount of pressure to provide exceptional care for their patients.
Sometimes that pressure can take its toll, leading to substance abuse. If that abuse carries over to the operating room, it can lead to harm to the patient.
Birth Injuries
Delivering babies is one of those common procedures that happens thousands of times each day.
The pediatricians and supporting staff need to anticipate complications and provide a rapid response to rectify the situation and avoid birth injuries. Negligence during delivery can include failing to properly check vital signs, failing to prevent brachial plexus injuries, or failing to diagnose and manage preeclampsia.
There are also issues with the improper use of forceps or vacuum extractors to be aware of.
Providing treatment that was refused. Patients in West Virginia do have the right to refuse certain treatments, including some treatments that may save their lives. Doctors must follow medical directives ordered by the patient.
Doctors may need to obtain consent from an authorized guardian for patients who are unable to give their own consent.
What Is the Medical Malpractice Claim Filing Process?
There are several essential steps you need to follow to file a medical malpractice claim successfully.
That begins with the filing deadline. The West Virginia statute of limitations for a medical malpractice claim is two years from the date of the injury or the date the injury was discovered. If you file outside that statute, you might not be entitled to any compensation.
Notice of Claim and Screening Certificate of Merit
The second filing issue to address is the notice of claim and the screening certificate of merit. You have thirty days before you file a lawsuit to provide notice to the parties you intend to sue.
If you’re suing a hospital facility, you also have to identify all the medical professionals associated with your claim. The Screening Certificate of Merit is a type of affidavit from an independent medical professional that will verify the merits of your claim. The information that the medical professional reviews will be the same evidence that you’ll eventually utilize in your case.
The team from Hendrickson & Long, PLLC, can assist with meeting filing deadlines and finding a qualified medical professional. We are familiar with the law and requirements for filing procedures, and we will ensure that our clients’ claims are well-supported in pursuit of a favorable outcome.
What Kind of Damages Can You Seek?
You and your Charleston medical malpractice lawyer need to calculate the correct amount for your potential settlement. That amount must include both current and future expenses. Those expenses can consist of economic, non-economic, or punitive damages, but there are limits.
The economic damages can include all the costs associated with correcting the injury that was caused by the negligence. These expenses may include additional tests, surgical procedures, hospitalization, prescription medications, and physical therapy.
There’s no limit on the economic damages you can seek, provided a bill, receipt, or invoice supports those damages.
Non-economic damages include values for pain and suffering, mental anguish, and loss of enjoyment caused by the injury. West Virginia law limits noneconomic damages to $250,000. That amount is doubled for situations that involve catastrophic injuries such as permanent disfigurement or wrongful death.
Punitive damages are the punishment awarded by a jury for an especially egregious act, such as when a doctor is intoxicated. The cap for punitive damages is $500,000.
Frequently Asked Questions
When considering a medical malpractice claim, you will no doubt have many questions that need answers to help you make informed decisions about pursuing your claim. We pride ourselves on providing those answers, beginning with these frequently asked questions:
Can I sue a hospital for medical malpractice?
There are specific scenarios in which a hospital can be held liable for medical malpractice. For example, if a hospital failed to implement responsible hiring practices or follow proper safety procedures, it can be named as a defendant in your medical malpractice claim. It is essential to note that some members of a hospital staff are considered independent contractors who can indemnify the hospital against a lawsuit. That is why you need to discuss your case with an attorney to determine who is liable.
How do I know if I have a claim?
To establish a medical malpractice claim, you need to establish that you were injured due to a negligent act by a medical practitioner. That is different than not achieving a desired outcome. For instance, a doctor might not be able to cure diabetes or cancer, but they must properly diagnose those conditions for proper treatment.
Can I still sue if I signed a consent form?
A consent form for a medical procedure is meant to inform you of the risks and possible outcomes. It should also provide details of what to expect during your recovery. If you are not provided with all relevant information or the risk is minimized, the consent form can become irrelevant. Also, giving consent does not include giving permission to make mistakes that could have been prevented. Reviewing that consent form will become an important part of your claim.
Will I have to go to court?
Medical malpractice claims are inherently complicated. With proper evidence and documentation, those claims can be established and point towards liability. In many instances, these claims are settled out of court. That happens to shield a doctor’s reputation and to bring the matter to a close. However, if there is resistance to a settlement or a dispute about liability, taking the matter before a jury might be the only viable option for a remedy.
How much will my case be worth?
It is challenging to determine the true value of a medical malpractice claim without a comprehensive review of all the evidence. There are also restrictions on the limits of non-economic and punitive damages to consider. Our goal is to always fight for the maximum benefits for our clients.
Talk to Hendrickson & Long, PLLC, Today
If you suspect you’re the victim of negligence on the part of your doctor, you owe it to yourself and your family to understand what your options are for moving forward. At Hendrickson & Long, PLLC, we can explain the challenges you might face pursuing this type of claim and present you with the options and possible outcomes.
You might still be recovering from your injuries. Obtaining answers to your concerns can provide peace of mind and aid in your recovery.
Our support begins with a free consultation with a Charleston medical malpractice lawyer. Call to schedule today.
