Medical Malpractice Attorney Charleston, WV
Have Grounds for Medical Malpractice in West Virginia?
The role of a medical professional is to care for you and your loved ones, but many are unfortunately affected by the negligence of doctors, nurses, and facilities. When the improper actions of a medical provider result in harm to a patient, it is referred to as medical malpractice.
To have grounds for a medical malpractice case, the following must be true regarding the healthcare provider:
- The provider had a duty of care to the patient
- The provider breached that standard of care
- That breach of care resulted in harm to the patient
It can be difficult to know for certain if you have valid grounds for a medical malpractice case, some things to consider that might indicate you do have a case include:
- Lack of informed consent – This might be when a doctor performs a procedure that the patient did not consent to and/or the doctor did not adequately explain the risks and benefits of a procedure, which would have influenced the patient’s decision in getting the procedure.
- Extraordinary consequences – If you experienced an unusual outcome from a treatment or procedure, then this could indicate that the healthcare provider made a mistake.
- Informed of the mistake – Some healthcare providers will be honest about medical errors and address them directly with the patient.
Patients should be able to have confidence that their healthcare providers will be professionally competent and keep their best interests at heart. The Charleston, WV medical malpractice lawyers at Hardy Pence PLLC have the knowledge, experience, and dedication to tackling these claims head-on.
We are proud to aggressively represent clients suffering from medical mistakes. Let our team fight for the compensation you deserve – call (304) 343-2222 or contact us online to discuss your case with a member of our firm.
Types of Medical Malpractice
Medical malpractice occurs when a trusted medical professional that has a professional relationship with a patient does not live up to the standard of acceptable care and harms a patient. It is then the responsibility of the patient to prove that their doctor or nurse failed to abide by a standard duty of care and financial damages can be linked to the error.
Types of medical malpractice include the following:
- Delayed diagnosis
- Failure to treat
- Incorrect prescription medication
- Misdiagnosis of a condition
- Surgical errors
- Wrongful death
What Is the Statute of Limitations for Medical Malpractice in WV?
In West Virginia, there is a two-year statute of limitations from the date the injury occurred or when the injury was discovered, up to 10 years after the malpractice was inflicted. Upon litigating the case, the injured party or their family can recover up to $500,000 for non-economic damages, such as pain and suffering, loss of enjoyment, and emotional distress. Speaking with a medical malpractice lawyer in Charleston, WV can help determine what you may be able to recover.
Holding Negligent Medical Professionals Accountable
Whether medical malpractice is not caught at the time, or doctors and nurses hope to avoid a penalty, patients oftentimes do not recognize that something is wrong until another problem arises.
Since medical professionals inspire trust, patients expect that they will leave a doctor’s office or hospital in better condition than they arrived. Our seasoned Charleston, WV medical malpractice attorneys examine our client’s case from every angle to understand the circumstances surrounding the injury or untimely death to secure justice.
Medical malpractice cases take time and resources to bring to litigation. When someone has their life changed or ended by a negligent medical professional, the person at fault should be held accountable. Our firm is here to help recover financial damages that allow our clients to get their lives back on track.
Contact Seasoned Charleston, WV Medical Malpractice Lawyers
At Hardy Pence PLLC, our Charleston, WV medical malpractice attorneys utilize over 115 years of combined experience to anticipate the consequences of legal actions. With this in-depth understanding, we craft solutions that can provide our clients with the best possible outcomes for their circumstances.
If the medical professional providing care and attention to you or a loved one resulted in unnecessary complications, injury, or even death, you are entitled to discuss your options. We are ready to learn more about a potential case and discuss how we can help.