Medical Malpractice FAQ
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.
Hill, Peterson, Carper, Bee & Deitzler, PLLC, is 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, contact us online or call our office at 800-797-9730 to set up a free consultation.
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 healthcare 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 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. Schedule a free consultation to discuss your case further and learn more about your options.