Huntington Medical Malpractice Attorney

When you have an illness or do not feel well, you seek medical help to address the issue. Patients trust medical professionals with their health and well-being, and when that trust is broken due to negligence, the consequences can be life changing.

Sometimes, a person will have to deal with more medical complications or even pass away due to the mistakes made by these trusted healthcare professionals. Not only can that leave heartbreak, but it can place a physical, emotional, and financial burden on the victim and their family members.

If you or a loved one has suffered injuries and losses due to a healthcare provider’s wrongful actions, you need to contact a legal advocate to assist during this time. A Huntington medical malpractice lawyer can help you take the necessary steps to hold these negligent health practitioners accountable for their substandard care. Hendrickson & Long, PLLC offers free case reviews.

What Qualifies as Medical Malpractice?

When a healthcare provider deviates from the accepted standard of care, resulting in injury or harm to a patient, that is known as medical malpractice.

All patients deserve a certain standard of care. If they fail to live up to that level of competence and diligence that a reasonably skilled healthcare provider would demonstrate under similar circumstances, injuries or fatalities can occur.

Medical malpractice can take many forms, including:

• Misdiagnosis or delayed diagnosis: Failure to diagnose a condition immediately or misdiagnosing a patient can result in delayed treatment and worsened outcomes.
• Surgical errors: Mistakes during surgery, such as operating on the wrong site, leaving surgical instruments inside the patient, or causing unintended damage, can have severe consequences.
• Medication errors: Prescribing the wrong medication, incorrect dosages, or failing to consider drug interactions can lead to harm.
• Birth injuries: Negligence during labor and delivery can result in injuries to both the mother and child, such as cerebral palsy, Erb’s palsy, or other lifelong conditions.
• Failure to treat: Ignoring symptoms, discharging a patient too early, or not providing adequate follow-up care may be considered malpractice.
• Anesthesia errors: Mistakes with anesthesia can cause permanent injury or death, including oxygen deprivation, allergic reactions, or incorrect dosage.

You may have a legal case if any of these issues have affected you or your family. Reach out to our Huntington medical malpractice lawyer to learn more.

The Impact of Healthcare Provider Negligence on Victims and Families

Medical mistakes are very costly in several aspects. First, there are the physical consequences. Many times, these mistakes lead to severe physical injuries or worsened medical conditions. Victims may face long-term disabilities, chronic pain, or require additional medical procedures, all of which can increase their suffering.

Along with that, there is the emotional impact of these cases. For many, they may experience feelings of betrayal, anxiety, depression, and a loss of trust in healthcare providers. That can have long-term consequences as they may not seek help to treat future issues, leading to a lifetime of poor health.

Finally, the financial repercussions of medical malpractice are other concerns. Often, victims of medical malpractice like yourself will incur extensive medical bills, lose income due to their inability to work, and face ongoing costs for rehabilitation and care. They may have to deal with a lifetime of debt due to the negligent actions of a trusted healthcare provider.

What Can You Recover if a Medical Practitioner Harmed You in Cabell County?

In a medical malpractice case, the damages you can recover fall into three main categories:

Economic Damages

Losses like these compensate victims for the tangible financial losses caused by medical negligence, such as:

• Past medical bills
• Future medical care
• Wages lost
• Reduced earning capacity
• Out-of-pocket expenses, such as travel costs for medical appointments, childcare, or hiring help for daily tasks.

Noneconomic Damages

Intangible losses that affect your quality of life, such as the following, fit into this category of damages:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium

Punitive Damages

Juries sometimes award these when a medical malpractice case goes to trial in Cabell County. These are often awarded when the medical provider’s conduct was particularly egregious, reckless, or intentional.

Unfortunately, medical malpractice can lead to the death of a loved one. Under these circumstances, surviving family members may recover additional damages through a wrongful death claim, including:

• Funeral and burial expenses
• Loss of financial support
• Loss of companionship, comfort, and guidance

What You Need To Know About West Virginia Medical Malpractice Laws

Before you take legal action, there are laws that could affect your claim. First, you need to be aware of the statute of limitations. Medical malpractice claims must be filed within two years from the date of the injury or from when the injury should reasonably have been discovered. However, since some issues may not be found right away, there is another period known as the statute of repose, which is 10 years from the date of the malpractice.

Along with that, there are damage caps in West Virginia. There are caps on noneconomic damages, such as pain and suffering, in medical malpractice cases. In most cases, it is $250,000 per occurrence but can increase to $500,000 for catastrophic injuries, such as permanent disability or wrongful death.

A Huntington Medical Malpractice Lawyer Can Help You Navigate the Legal Process

Pursuing medical malpractice claims can be difficult, especially when you need to focus on recovery. For this reason, you will want to work with a medical malpractice lawyer.

Since there are several laws pertaining to these claims, you want your Huntington medical malpractice attorney to evaluate your case so that you know whether it meets the criteria for medical malpractice. The last thing you want to do is waste time pursuing a non-viable claim.

Also, your lawyer will make sure that your claim has the appropriate paperwork filed while meeting deadlines. Problems with these administrative tasks can hold up your claim. But when you enlist the assistance of an attorney, they can make sure your case adheres to these important dates.

Many times, your case will not head to court. Instead, your Huntington medical malpractice lawyer will negotiate with the medical provider’s insurance company to get a fair settlement for you. As you focus on recovery, you do not have to battle the insurer and their adjusters as they try to minimize your payout.

However, not all cases can reach a successful conclusion without legal intervention. In the event that you have to go to trial, your attorney will build a solid case that proves your version of the incident.

Hendrickson & Long, PLLC Can Assist With Your Claim

Medical malpractice can have lifelong effects on victims and their families. You need an attorney who understands the complexity of both medicine and malpractice law. At Hendrickson & Long, PLLC, we are ready to fight on your behalf.

If you or a loved one has suffered due to medical malpractice, now is the time to take action. Our Huntington medical malpractice lawyer will ensure that your rights are protected every step of the way. While we can’t change the circumstances of your injuries, we will make sure you receive a fair settlement that can help with the outcome.

Reach out today to schedule a free consultation with one of our skilled attorneys.