In 1999, up to 98,000 people died because of mistakes in hospitals. That does not include the number of outpatient victims of medical mistakes. By 2010, that number had jumped to 180,000 Medicare patients alone. And a study in the Journal of Patient Safety says that by 2014,  between 210,000 and 440,000 patients were victims of preventable harm by medical professionals. What if you or a loved one becomes a victim? Don’t just be one of the WV malpractice statistics. Knowing the roadmap of West Virginia medical malpractice claims will help you fight for your right for compensation.

Climbing WV Malpractice Statistics Mean You Need to Understand Medical Malpractice Procedure

Medical malpractice claims are not exactly like other civil lawsuits. The primary statute at play is the Medical Professional Liability Act (MPLA), although other statutes sometimes have applied, creating a network of rules and laws governing whether and how medical malpractice lawsuits proceed. This blog describes the basics of a medical malpractice lawsuit’s journey to help you avoid becoming just one of the many WV malpractice statistics.

What Is Medical Malpractice?

Medical malpractice occurs when a medical professional treats a patient in a manner that is below the standard of care and causes injury or death. This may include an action, such as leaving a surgical sponge inside a person’s body after surgery, or a failure to act, such as failing to diagnose a condition resulting in delayed treatment.

Malpractice is conduct that is measured against adherence to the standard of care in the medical community. Malpractice lawyers must be familiar with these expectations when determining the viability of a case. In other words, lawyers must be familiar enough with the medical issues to know what type of experts to turn to for opinions on standard of care and causation to determine whether there is present evidence that medical malpractice has occurred.

A Medical Malpractice Claim Must Be Timely

West Virginia law sets a deadline for filing a medical malpractice claim. If you believe you or a loved one has been a victim of medical malpractice, West Virginia Code Section 55-7B-4 provides that you must initiate your case within two years of the date you discover— or with reasonable diligence should have discovered—your injury. The statute of limitations is longer for children. Regardless, a claim is barred if it is not filed within ten years of the date of the injury.

The Starting Line: Filing a Medical Malpractice Notice of Claim

Medical malpractice claims do not begin like most other civil suits by the filing of a complaint with a court. Rather, in most instances, West Virginia Code Section 55-7B-6 requires medical malpractice claimants to have a qualified medical professional pre-screen the claim and issue a screening certificate of merit.

A screening certificate of merit is a statement made by a qualified medical professional who has reviewed your claim. The statement must include the following:

• A showing that the author of the screening certificate of merit qualifies as an expert under West Virginia law;
• A description of the applicable standard of care;
• A statement of how the medical care provider(s) failed to meet the standard of care in your case; and
• A statement of how that failure by the medical care provider(s) resulted in your injury.

If you claim that more than one health care provider is at fault, you will need a separate screening certificate of merit for each health care provider.

Once you have the screening certificate of merit, you must file a notice of claim with the health care provider(s) you believe caused the injury at issue. The notice of claim must include three things:

• A statement of the basis for the lawsuit and the theory of liability;
• A list of all of the health care providers to receive the notice of claim; and
• A screening certificate of merit.

After you have filed the notice of claim with each health care provider involved, you may then file your complaint in the proper court.

Damages in Medical Malpractice Cases: More WV Malpractice Statistics

In cases alleging medical malpractice, West Virginia law allows economic and non-economic damages. Economic damages are the financial loss suffered due to the injury such as past medical bills, future medical bills, and lost income. Non-economic damages are losses that cannot be calculated, such as emotional distress and loss of enjoyment of activities.

West Virginia law caps the amount of damages that may be awarded in medical malpractice cases as to non-economic damages. The caps for non-economic damages range from $250,000 to $500,000 depending on the nature of the injury. They adjust upward each year based on the Consumer Price Index (CPI).

West Virginia Code Section 55-7B-9c sets a different cap in cases where the victim’s injury occurred when he or she sought treatment for an “emergency condition” through a facility designated by the Office of Emergency Medical Services as a level one trauma center. The “trauma cap” limits both economic and non-economic damages to $500,000.

If a malpractice victim recovers the maximum $500,000 under the trauma cap, he or she can petition the WV Patient Injury Compensation Fund (PICF) for additional damages and may be awarded up to an additional $1,000,000. The maximum recovery for anyone who falls under the trauma cap is $1,500,000, even if the damages exceed that amount.

Medical malpractice claims are often preventable mistakes made by health care providers, mistakes that can affect their patients for a lifetime.

If You’re One of the WV Malpractice Statistics, You’re More Than Just a Number to Us

WV malpractice statistics show that medical malpractice is no small problem in the Mountain State. At the Law Offices of Kelly R. Reed, we understand the process of medical malpractice claims and know where to turn for answers regarding the standard of care and causation involved in your case. We know how to navigate medical malpractice claims successfully. Just as importantly, we care about you. Reach out to us by phone at 304-292-2020 or use the form on our contact page to start your journey toward relief.