Serving the State of West Virginia

Medical Malpractice

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    Morgantown Medical Malpractice Lawyer

    Dedicated Representation for the Injured in the Counties of Monongalia, Marion, Preston, Harrison, Taylor & Across West Virginia

    When facing a health problem, you entrust your care and hopeful recovery to medical professionals. These individuals have spent years being educated and trained in their respective fields, whether they are doctors, surgeons, nurses, or others engaged in health care. Their integrity and level of care are vital when diagnosing or treating health issues that could threaten your ability to work, care for your family, or engage in daily life. In the most serious cases, their diligence can mean the difference between chronic pain and living pain-free, ability and disability, or even life and death. 

    When you have been the victim of medical negligence or errors, you and your family may face many hardships, from the need for additional medical treatment to pain and suffering and the financial drain of further medical expenses. However, you have the right to be compensated for these losses and damages where malpractice has occurred. At Mountaineer Criminal Law Group, our skilled trial lawyer provides comprehensive and aggressive legal representation in such cases. We recommend that you discuss the details of your situation in a free consultation with our attorney to better understand your legal position and options in these complex matters. 

    Book your free consultation with our Morgantown medical malpractice attorney via email or by calling Mountaineer Criminal Law Group at (304) 900-3391.

    What Is Medical Malpractice?

    Medical practitioners of all kinds are expected to provide care that conforms to the accepted professional standards prevailing in their field. Malpractice occurs when these practitioners are found to be negligent in adhering to these standards. Where substandard treatment occurs that results in harm to the patient, such as injury, illness, or wrongful death, the implicated practitioner may be sued for medical malpractice. As the victim in such claims and lawsuits, you may be entitled to compensation for your losses and damages. 

    Medical malpractice can apply to any healthcare practitioner, including doctors, surgeons, anesthesiologists, nurses, physical therapists, pharmacists, chiropractors, dentists, psychologists, and more. Determining whether they have engaged in malpractice is generally based on what other practitioners would have done in similar cases. This then calls for the testimony of other medical/ healthcare experts in the involved field. 

    Examples of medical malpractice can include but are not limited to:

    • Failure to diagnose 
    • Wrong diagnosis
    • Delayed diagnosis of a disease or condition that then worsens
    • Emergency room errors
    • Medication errors, such as wrong drug or wrong dosage
    • Surgical errors, such as operating on the wrong site or leaving medical equipment in the body
    • Birth injuries
    • Anesthesia errors
    • Lab result interpretation errors 
    • Poor or lack of follow-up care

    These types of errors and negligence are those that could have been prevented had proper care or treatment been provided at the time of the incident or in the aftermath of a procedure or incident. 

    Compensation for Medical Malpractice Victims

    Those who have been victimized by medical negligence or wrongdoing may be entitled to:

    • Past and predicted future medical expenses related to the injury
    • Loss of wages or income
    • Pain and suffering
    • Emotional distress
    • Physical impairment
    • Loss of enjoyment of life

    West Virginia has a statute of limitations that gives you two years from the date of the injury, or the date when you discovered the injury, to file a lawsuit. The state also imposes a cap of $250,000 on non-economic damages, such as pain and suffering and emotional distress. This can increase up to $500,000 where the incident resulted in wrongful death, disfigurement, or where you have been permanently disabled to the point of being unable to engage in daily life activities. 

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