Confidently Handling Complex West Virginia Medical Malpractice Cases
Medical malpractice cases are highly complicated legal cases that need to be handled by experienced attorneys. Few lawyers in West Virginia are qualified to effectively represent people who have been seriously injured because of a doctor’s or other medical professional’s negligent actions. The lawyers at Hill, Peterson, Carper, Bee & Deitzler, PLLC, have extensive experience advocating for personal injury and medical malpractice victims in Charleston and throughout the state.
Not only are we experienced legal advocates, but our attorneys also have extensive knowledge of the medical aspects of injuries. Understanding the medical and legal aspects gives us leverage in building a strong legal case and allows us to focus on the impact of the injuries on our clients’ lives. Our legal team uses state of the art technology in gathering evidence and in trial demonstrations. We are well-known for our legal abilities and our breadth and depth of legal knowledge. No matter how serious or complicated your situation may seem, we will make sure that you are represented with vigorous advocacy.
Medical Malpractice In West Virginia
Our Charleston medical malpractice lawyers handle a broad range of cases, including:
- Surgical errors: Procedures on the wrong limb, anesthesia errors and more
- Pharmaceutical errors: Medication errors, anesthesia errors, defective drug litigation and more
- Hospital/emergency room errors: Failure to properly diagnose, delayed treatment, discharging a patient too soon and more
- Nursing home abuse and injuries: Bedsores, medication mistakes, nursing home falls, dehydration/malnutrition and more
- Birth injuries: Injuries caused by medical professionals during birth, failure to diagnose a birth defect and more
These are just some of the many types of medical malpractice issues our seasoned team of attorneys can handle.
Why Make A Medical Malpractice Claim?
You are probably wondering why you should pursue a legal claim. It may seem scary and even a hassle. You’ve never hired a lawyer before. However, if you have been injured and believe it was caused by the negligence of a medical professional or administration, it is important that you seek justice. Holding others accountable is not just important for you and your family but also for potential victims in the future.
Do You Have Questions About Medical Malpractice?
Doctors and other medical providers frequently act negligently when treating their patients, yet they are protected by state and federal laws that make it difficult for the average victim to recover the compensation they deserve.
We are one of the few law firms in the area with proven experience advocating for victims of medical malpractice. Our attorneys are here to answer your medical malpractice questions. For more specific guidance on your case, please contact us.
Do I have a medical malpractice claim?
There are typically four elements you must prove for there to be a medical malpractice claim:
- A duty was owed to you. This is typically easy to prove, as doctors and medical professionals have an implicit duty to act reasonably in providing care and treatment to you as a patient.
- That duty was breached. You must show that your health care provider acted negligently, without the degree of care that a similar professional would have used in that situation. Every doctor makes mistakes, but you must show that other doctors would not have made the same mistake had they acted dutifully.
- You suffered damage. You must have been injured in the incident. The injury could be new, or it could be an existing injury that was made worse.
- The damage was caused by the breach of duty. You will need to prove that your injury was a direct result of the doctor’s or medical provider’s negligent behavior.
Discuss your case further with a medical malpractice attorney to learn if you have a claim.
What should I do if a doctor misdiagnosed me?
If you are suspicious about your doctor’s diagnosis, ask them more questions and confirm the next steps of your treatment with them. Perhaps they misread your test results, or they refused to order testing at all. Take notes and, when necessary, seek a second opinion from a different doctor.
If treatment has already begun and you are sustaining further injury (from incorrect treatment or from your existing illness remaining untreated), you may have a medical malpractice claim. Reach out to a medical malpractice attorney to learn more about your options.
How much can I sue for misdiagnosis?
How much your case is worth depends on how much harm your doctor’s misdiagnosis or failure to diagnose has caused.
When your medical provider’s negligence results in your condition becoming worse, you may be able to recover compensation for the additional treatment you now require, as well as compensation for pain and suffering you might have endured. An attorney can thoroughly evaluate your claim and give a more accurate assessment of your case’s value.
How long do I have to sue for medical malpractice in West Virginia?
Typically, victims of medical malpractice have up to two years from the date of their injury (or the date they reasonably should have discovered their injury) to begin their claim. When you lose a loved one to medical malpractice, you have two years from the date of their death to begin your case. If the victim is a minor under the age of 10, you have until their 12th birthday. If you miss these deadlines, you will likely be unable to recover any compensation for your injuries.
What is informed consent?
As a patient, you have every right to decline a procedure. Your doctor must lay out all of the benefits, potential side effects and all other information relevant to a procedure before asking for your approval to proceed. This is known as informed consent. If a doctor does not fully explain your procedure and you are injured as a result, you may have grounds to sue for medical malpractice.
Reach Out To Our Dedicated Medical Malpractice Lawyers
Please contact the experienced injury attorneys at our firm to schedule a free, no-obligation consultation. Meetings can be scheduled at a time that is convenient for you. Please email us or contact us at 304-205-1810 .