Medical Negligence Lawyers — Charleston, West Virginia
Medical error, also known as medical malpractice, is now the third leading cause of death in the United States. Only cancer and heart disease kill more people each year, according to a Johns Hopkins University study, and many more people are injured each year by negligent doctors and hospitals.
If you suspect you or a loved one has been injured or died because of medical malpractice, it’s important to speak with an experienced West Virginia medical malpractice attorney as soon as possible. There are many cases where doctors and hospitals have destroyed or changed medical records to cover up their negligence. Having a law firm with a successful track record on your side can help protect your rights and ensure you recover full and fair compensation for your losses.
Also, recent changes to West Virginia law have made it even more difficult for people injured by medical errors to hold the doctors accountable. However, our attorneys have the skill and experience necessary to help clients get the results and medical care they need to make a full recovery.
For a free, no-obligation consultation, we invite you to call us toll free at 1-877-943-9378. There’s never a fee unless we recover money for you.
Do You Have A West Virginia Medical Malpractice Case?
Doctors who don’t wash or disinfect their hands whenever they go from one patient to another, particularly in hospitals, transmit drug-resistant infectious agents. Doctors sometimes read X-ray photographs incorrectly and operate on wrong limbs and organs. Doctors who are unskilled or untrained in the use of specialized equipment may fail to treat the critical illnesses (like cancer) for which the equipment was designed and also end up damaging healthy organs. Doctors who are treated (or not treated!) for alcoholism or drug abuse still practice and perform botched surgery or toxic anesthesiology on patients.
These are some of the causes of injuries and wrongful death stemming from careless or incompetent medical care. If you suspect your doctor, nurse or hospital was negligent or can answer yes to any of the questions below, it’s important to speak with medical malpractice lawyer as soon as possible.
Do you have a medical condition that was…
- Misdiagnosed or not diagnosed at all?
- Became worse after receiving medical treatment?
- Treated as if it were some other condition?
- Became worse because of delays in receiving treatment?
During your treatment, did you…
- Suffer from anesthesia errors?
- Suffer as a result of radiology errors?
- Have foreign objects left in your body?
- Suffer harm as a result of waiting too long for medical treatment?
- receive the wrong medication or the wrong dose?
Medical Malpractice Defined by West Virginia Law
The definition of medical malpractice often varies from state to state. One reason for the variance is the difference in each state’s interpretation of “standard of care.” “Standard of care,” in non-technical language, is the care that a competent health care provider would have provided under similar circumstances. If the care that a health care provider gives falls below a state’s required standard, then medical negligence may be established, providing the patient suffered harm (physical, mental, and or economic, also known as “damages”).
West Virginia has a statute that applies to all medical malpractice claims filed within its courts. It is called the West Virginia Medical Professional Liability Act. West Virginia Code §55-7B-3 requires that the following elements must be proven in order to prevail in a medical malpractice claim under West Virginia Law:
- The health care provider failed to exercise that degree of care, skill and learning required or expected of a reasonable, prudent health care provider in the profession or class to which the health care provider belongs acting in the same or similar circumstances; and
- Such failure was a proximate cause of the injury or death.
Medical Errors Widespread in West Virginia
There are many doctors who take good care of their patients, but there are some who don’t. Although doctors, hospitals and insurance companies often try to lead West Virginian’s to believe that medical negligence is rare, as mentioned above, a recent study conducted by the Johns Hopkins University School of Medicine confirms that medical errors are rampant and kill more people than motor vehicle accidents, breast cancer, or AIDS. Many patients feel helpless when they’re injured by a careless or incompetent doctor and wonder what if anything they can do if they have been harmed by a medical error.
Unfortunately, many West Virginia lawyers no longer handle medical malpractice claims due to changes in West Virginia law that protects negligent doctors and hospitals often at the expense of wrongfully injured patients. However, at West Law Firm, we are committed to continue helping West Virginian’s who have been injured by medical malpractice despite the legal obstacles insurance companies and lobbyists have helped write into West Virginia law.
Free Consultation with a West Virginia Medical Negligence Lawyer
If you believe that you or a loved has been injured or killed by medical negligence or nursing home abuse in West Virginia, we invite you to call us today for a free consultation. Our toll free number is 1-877-943-9378. We are located in Charleston, West Virginia, and represent clients throughout the state and country. You don’t have to worry about whether you can afford a medical malpractice attorney either because there’s never a fee unless we recover money for you.