News - Tag Archives: WV Medical Malpractice
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).
In the event of a WV medical mistake, take legal action to protect your right as a patient!
Medical malpractice has been rampant in the U.S., including in West Virginia (WV). In fact, a recent study suggests that a number of deaths in the U.S. are attributable to errors in the delivery of medical care. Needless to say, nobody wants to be on the receiving end of a medical mistake. Mishaps such as these can be costly and can lead to lifelong health issues. It is the duty of all professional healthcare providers to give each patient quality medical care. If that duty is not upheld and you fall victim to a WV medical mistake, the law supports your right to bring a lawsuit.
What Circumstances Constitute a WV Medical Mistake?
Medical malpractice, medical negligence, medical error, and medical mistake are terminologies often used interchangeably, all referring to a negligent act or omission of quality care by a health care professional or institution resulting in injury or death of a patient.
A WV medical mistake can occur at any stage in the delivery of care: assessment, diagnosis, operative procedures, treatment, and aftercare. Here, we will examine a few of the most commonly reported errors that can fall into the category of medical negligence:
- Unreasonable delays in detecting and diagnosing a medical condition
- Failing to treat a known diagnosis of a patient
- Performing surgeries that are unnecessary or on the wrong site
- Injuries during birth (to mother or child)
- Improperly managing prescriptions
These are only a few examples. Please note that you should discuss your specific case with a WV personal injury attorney to better understand where your situation falls on the legal spectrum.
WV Law Governing Medical Malpractice
There are a few specific rules applicable when it comes to bringing a lawsuit after a WV medical mistake. First, you should be aware of the statute of limitations for filing a medical malpractice or neglect case. You must follow these rules to meet the statute of limitations:
- An injury-related claim must be filed within two years from the date of the injury or the date that the injury should have been reasonably discovered.
- A death-related claim must generally be filed within two years from the date of death.
- For claimants under the age of 10, the case must be filed within two years from the date of injury, or before their 12th birthday, whichever period is longer.
- No claim can be filed 10 years after any injury.
Furthermore, WV law imposes caps on non-economic damages related to medical mistakes. Non-economic claims must not exceed $250,000 unless there is a death. In the case of a death then the amount must not exceed $500,000. It is important that an individual understand that while there may be certain limitations in their case, each claim is unique. There are a number of factors that will determine the outcome and each person who suspects that he or she may have been a victim of medical malpractice deserves to have a proper legal evaluation.
Who Might Be Liable for a WV Medical Mistake?
According to the WV Medical Professional Liability Act, any person or institution that holds any type of medical license or certification (known as a health care provider) may be sued for medical negligence or malpractice. Included in this classification are primary care physicians, specialists (such as surgeons, cardiologists, or anesthesiologists), dentists, nurses, therapists, clinics, and health care facilities.
You may always reach out to legal counsel to help you determine whether a health care provider may have been responsible for your WV medical mistake.
Do you have a WV medical mistake case? The legal system can be complicated and intimidating, but you do not have to face it alone. At Hendrickson & Long, we understand the important role a great lawyer can play in helping injured people get the justice they deserve. Located in Charleston, WV, our law office provides comprehensive legal counsel with over 20 years of experience. Call us today with your questions about your case: 304-346-5500.