The citizens of West Virginia are entitled to the best medical care available. WV medical malpractice statutes are in place to protect people from negligent medical errors that cause harm or injury to patients in the care of medical professionals. A WV medical malpractice lawyer can help you determine if you are a victim of a medical malpractice and whether to file a medical malpractice suit.
Why Consult a WV Medical Malpractice Lawyer?
Medical professionals such as doctors, nurses, and allied health professionals are expected to have a high level of training and continuing education to ensure they can provide patients with the very best care possible. When mistakes are made with health care, patient lives are at stake. A mistake in health care can lead to an unexpected complication or side effect, the aggravation of existing conditions, or, in the worst case, death.
A WV medical malpractice lawyer can help you determine whether a medical mistake was made and whether you have a claim to recover money damages for your costs, expenses, and pain and suffering.
What Is Medical Malpractice?
To err is human. However, medical professionals are held to specific health care standards, set by accrediting bodies such as The Joint Commission, to protect patients from human error. When a doctor, nurse, or health care facility fails to follow these standards and causes a worsening of illness or injury—or additional injuries or illness—they can be held responsible for medical malpractice.
How Does a WV Medical Malpractice Lawyer Prove Your Case?
If a medical professional makes a mistake in health care, a medical malpractice lawyer in WV will have to prove that there truly is a medical malpractice claim. There are two main components to proving medical malpractice occurred:
- The doctor, nurse, or other medical professional did not exercise the appropriate standard of care. In other words, they made a mistake in health care by failing to do something that is commonly expected and required by the profession, accreditations, education, and training required.
- The mistake in health care was the proximate cause of injury or further injury.
These components of claims can be tricky to determine on your own, especially if you are not familiar with common medical practices and standards required. A WV medical malpractice lawyer has experience to identify these required elements of a medical malpractice claim.
Common Medical Malpractice Errors
Some of the most common health care errors that may be medical malpractice include the following:
- Failure to diagnose
- Mistreatment based on misdiagnosis
- Anesthesia errors
- Birth injuries, including cerebral palsy
- Surgical errors
- Leaving a sponge or surgical instrument inside a body
- Bed sores
- Pharmaceutical errors
Health care providers have multiple systems of safety checks to ensure that these and other mistakes do not occur. Thus, if a mistake in health care leads to greater harm or injury to a patient, there are usually multiple providers and facilities that could be at fault. Your West Virginia medical malpractice attorney will need to work with you to determine who may have been involved and therefore be liable for your damages.
How Long Do I Have to File a Medical Malpractice Claim?
A person has two years from the date of injury to file a medical malpractice claim in West Virginia. Because there may be a situation in which a patient did not discover the injury until a later date, in some narrow cases, there may be up to two years after discovery of the injury to file a claim. Your West Virginia medical malpractice attorney can help you to determine why file a medical malpractice suit and the absolute deadline to do so.
If you believe that you have been a victim of a mistake in health care, then you should talk to an experienced WV medical malpractice lawyer today. Kelly R. Reed and her team have successfully recovered millions of dollars in damages for clients who have suffered as a result of mistakes in health care. Contact us today at 304-292-2020 to schedule a free initial consultation.