Morgantown Medical Malpractice Attorney

When we need medical care, we trust our healthcare professionals will provide the necessary expertise to diagnose and treat our condition accurately. Unfortunately, mistakes do happen, and when they happen, the aftermath can be devastating.

Medical malpractice is when a healthcare provider fails to provide you with the commonly accepted standard of care, and that failure results in your being injured or harmed.

If you or a loved one has been harmed by a healthcare provider’s negligence, a Morgantown medical malpractice lawyer can help you deal with the complexities of a legal case and fight to get you the compensation you need and deserve.

Here at Hendrickson & Long, PLLC, consultations during which you can speak with an attorney about what happened to you and your rights are free of charge. Thus, if you’re hurt, get in touch with us right away.

What Is Medical Malpractice?

Medical malpractice goes beyond simple errors or unfavorable outcomes. For a case to qualify as malpractice, it must meet specific legal criteria:

• Violation of the Standard of Care: The healthcare provider must have failed to act in a way that a competent professional would under similar circumstances.
• Injury Caused by Negligence: The provider’s actions—or lack of action—must have directly caused you harm.
• Significant Damages: Your injury must have resulted in real damages, like medical expenses, lost wages, or pain and suffering.

Medical malpractice cases often arise from surgical errors, misdiagnoses, or medication mistakes. It takes a thorough understanding of both medical and legal principles to prove negligence occurred, which is why it’s essential to hire an experienced medical malpractice lawyer in Morgantown to assist you with your case.

Common Types of Medical Malpractice

Medical malpractice takes a variety of forms, and each has its own unique challenges. Here are some of the most common types:

Misdiagnosis or Delayed Diagnosis

A misdiagnosis or delayed diagnosis often results in incorrect or insufficient treatment, as well as the possibility of worsening the true condition. Let’s say a doctor fails to recognize cancer symptoms; the resulting delay in receiving the correct treatment could significantly impact your chance of recovery.

Surgical Errors

Mistakes made during surgery can have life-threatening consequences. These errors often result from poor communication, fatigue, or inadequate preparation. A 2024 StatPearls study published by the National Library of Medicine (NLM) suggests that at least 4,000 surgical errors happen every year in the United States. Operations on incorrect body parts are a common error.

Medication Errors

Prescribing the wrong medication, administering the wrong dosage, or failing to research possible drug interactions are common medication errors as well. Any of these errors can lead to severe side effects or worsen a patient’s current condition.

Errors in dosages or improperly prescribed medications cost approximately 7,000 to 9,000 lives each year, according to another 2024 StatPearls journal article also published by the NLM.

Birth Injuries

Medical negligence during childbirth can lead to serious injuries for both the mother and baby. Conditions like cerebral palsy, Erb’s palsy, or hypoxic-ischemic encephalopathy are all examples of birth injuries that may arise from improper use of delivery tools or failure to monitor fetal distress.

Failure To Treat

When a healthcare provider recognizes a condition but fails to provide adequate treatment, the patient may suffer unnecessary harm. This often occurs when doctors are overworked or prioritize cost-cutting over patient care.

Whether one of the factors above resulted in you suffering harm or something else did, a medical malpractice lawyer at our firm, Hendrickson & Long, PLLC, can advise whether you meet the necessary grounds to take legal action to recover compensation.

The Role of a Morgantown Medical Malpractice Lawyer in Your Case

Dealing with the legal aftermath of medical malpractice can be frustrating and overwhelming, especially if you’re still recovering from its effects or facing the loss of a loved one. A qualified medical malpractice lawyer can offer you critical support during this difficult time while helping you build a solid case and pursue justice.

• Case Evaluation: Your lawyer begins by evaluating your case to determine whether it meets the criteria for medical malpractice. This involves reviewing your medical records, consulting with experts, and assessing the damages you’ve suffered.
• Collecting Evidence: Proving a medical malpractice case requires a great deal of evidence, including things like medical records, witness statements, and the opinions of clinical experts. Your Morgantown medical malpractice attorney will gather and analyze this evidence, building a compelling case that demonstrates negligence and the need for compensation.
• Negotiation With Insurance Companies: Insurance companies often try to minimize the payouts they make on negligence claims by using tactics like disputing liability or downplaying the severity of your injuries. Your lawyer knows how to counter these and negotiate to ensure that you get a fair settlement that fully covers all of your damages.
• Litigation: If an acceptable settlement can’t be reached, your medical malpractice lawyer in Morgantown can take your case to trial. They’ll handle all litigation, from filing the required paperwork in the Monongalia civil court system to arguing your case in front of a judge and jury.

Proving Medical Negligence Occurred in Your Monongalia County Injury Case

Medical malpractice cases can be quite complicated, requiring a clear presentation of solid evidence to succeed.

To be successful, your lawyer will need to establish these four key elements:

1. Duty of Care: Your attorney must be shown that a doctor-patient relationship existed with the healthcare provider, which obligates them to meet an acceptable standard of care on your behalf.
2. Breach of Duty: Next, your medical malpractice lawyer in Morgantown must prove that the healthcare provider failed to meet this standard of care.
3. Causation: That failure of care must clearly be the cause of your injury or illness.
4. Damages: You or your attorney need to show that clear physical, emotional, and financial harm to you resulted from the injury or illness.

Each of these elements above requires detailed evidence and expert testimony. One of our skilled Morgantown malpractice lawyers will make sure that all of this is thoroughly prepared and clearly supported.

Compensation Available to Medical Malpractice Victims in WV

As someone harmed by medical malpractice, you and your family may be entitled to various categories of compensation. These could include:

• Medical Expenses: This covers the cost of additional treatments, surgeries, or long-term care required due to the injury.
• Lost Wages: If you are (or were) unable to work because of your injury, you can seek compensation for this lost income, diminished earning capacity, and future losses.
• Pain and Suffering: This accounts for the physical pain and emotional distress caused by the injury.
• Wrongful Death: In cases involving fatal malpractice or wrongful death, surviving members of your family may seek compensation for funeral expenses, lost income, and loss of companionship.

Your Morgantown medical malpractice lawyer will calculate the full extent of your losses to make sure that you get fair compensation for both economic and non-economic damages.

Why Act Quickly If a Healthcare Provider Harmed You in Morgantown

In West Virginia, there is a statute of limitations for medical malpractice claims. Generally, you have two years from the date of the injury—or from the date you discovered the injury—to file a lawsuit. If you fail to act within this limited time frame, you may lose your right to seek compensation altogether.

Additionally, medical malpractice cases often require extensive preparation, including gathering evidence, consulting experts, and negotiating with insurance companies. Consulting with a lawyer as soon as possible ensures that your case is handled efficiently and effectively.

Hendrickson & Long, PLLC Can Support You With the Legal Process

Medical malpractice often has devastating consequences, leaving victims and families struggling with overwhelming physical, emotional, and financial challenges. At Hendrickson & Long, PLLC, our experienced medical malpractice lawyers will provide the legal guidance and support you need to hold negligent healthcare providers accountable and seek the compensation you deserve.

With our legal representation, you can focus on healing while we deal with the complexities of your case.

Justice and accountability are within reach, and a skilled Morgantown medical malpractice lawyer can help you pursue a brighter future.

Contact us today for a free consultation.