A case of medical malpractice in WV can harm your integrity as a health care provider. Talk to an experienced defense lawyer!
In West Virginia (WV), personal injury lawsuits often arise alleging medical malpractice. This is inevitable because individuals look to their physicians for answers and solutions when it comes to matters of their health. Whether it is a common cold, a chronic condition, or something with life-threatening consequences, many patients expect their doctors to not only have answers to every question but a cure for every illness. Unfortunately, it is not always possible to live up to these high expectations. Sometimes, patients claim medical malpractice in WV even when a health care provider did everything correctly and in the best interest of the patient.
Medical Malpractice in WV: The Burden of Proof
The facts giving rise to claims of WV medical malpractice are often complicated and voluminous. However, it is important to keep in mind that the plaintiff in a medical malpractice action will bear the burden of proving the requisite elements of proof for the case to move forward in court.
To have a successful case against a doctor for medical malpractice in WV, a plaintiff must prove that the physician deviated from a governing medical standard of care when treating the patient and that this deviation caused the patient to suffer injury or death.
Doctors are not the only health care providers who are at risk of being sued for medical negligence in WV. Actions can also be brought against counselors, psychologists, psychotherapists, and nurses. Some of the more common examples of cases involving medical malpractice include misdiagnosis or failing to diagnose a physical or mental condition, failing to provide appropriate treatment for a condition, and unreasonable delay in the treatment of a diagnosed condition.
Factors to Consider in Defending a WV Medical Malpractice Claim
When it comes to cases involving medical malpractice in WV, the law provides certain elements to be met to prove a claim. Moreover, in cases where a defendant may be found responsible, WV law steps in regarding damages and liability. Here are some of the relevant factors that a defendant and his or her medical malpractice defense lawyer may assert in a WV medical negligence lawsuit:
- Statute of Limitations Not Met. The applicable statute of limitations in WV medical malpractice cases is two years, which means such an action must be filed within two years of the date the injury occurred or the date the injury should reasonably have been detected.
- Limits on Damages. Under WV law, noneconomic damages in medical malpractice cases are limited to $250,000 in cases involving injury and $500,000 in cases involving death or permanent disability. To qualify for this limit, physicians must carry liability insurance of at least $1 million.
- Under WV law, each named defendant in a civil action is only liable in an amount equal to the proportion of fault for the injury suffered.
- Collateral Source Rule. Even if a health care provider is found liable in a case of medical negligence in WV, he or she can introduce payments the plaintiff may have received for injuries from other sources. This is usually done after a verdict is rendered but before a judgment is entered. The purpose is to offset the amount awarded in connection with the judgment.
Defending You against Claims of Medical Malpractice in WV: H&L
If you have been sued for medical malpractice in WV, it is important to contact an experienced attorney in this area of law immediately to protect your interest and be informed of your rights. The attorneys at Hendrickson & Long, PLLC have years of successful experience in defending medical negligence lawsuits. Contact us today to schedule a consultation in our office in Charleston, 304-346-5500. We defend health care providers throughout WV, Kentucky (KY), and Pennsylvania (PA).