Medical Malpractice Claims
Adams Legal Group, PLLC is a WV personal injury law firm that focuses on serious and catastrophic injury and wrongful death cases, including medical malpractice claims. Unfortunately, sometimes healthcare providers injure patients during treatment. If you have been harmed by a physician’s negligence, you may be considering what you can do to be compensated. We have the experience and resources to help you get the compensation you deserve.
What is medical malpractice?
Medical malpractice occurs when a doctor or other healthcare professional fails to provide the standard of care that a reasonable person would provide in the same situation. This can include an error in diagnosis, treatment, or prescription of medication.
When a patient is injured by a healthcare provider, and the patient’s injury is related to the negligence of the healthcare provider, the individual may be compensated for their medical bills, pain and suffering, lost wages, and even loss of their future earning capacity.
What is a medical malpractice claim?
A medical malpractice claim is a type of lawsuit or legal claim for injury, death and/or damages that alleges negligence, carelessness, or unskillfulness on the part of a physician or other health provider. These types of litigation cases are often filed by patients against their physicians for an alleged injury or illness that was caused by the negligent act.
An injured person has the option to bring a claim for compensation against the healthcare provider in the form of a medical malpractice claim. Medical malpractice claims in West Virginia are permitted under the Medical Professional Liability Act (W. Va. Code § 55-7b-1, et seq.).
Do I have a medical malpractice claim?
If you believe that your doctor or other healthcare professional failed to provide the standard of care that a reasonable person would provide in the same situation, then you may have a medical malpractice claim.
Patients go to the doctor to seek answers to the conditions that ail them. So what happens when you are left with an injury and more questions than answers (and even more medical bills) after visiting a healthcare provider? You may have a claim for medical malpractice.
When a patient is injured by a healthcare provider, and the patient’s injury is related to the negligence of the healthcare provider, the individual may be compensated for their medical bills, pain and suffering, lost wages, and even loss of their future earning capacity. An injured person has the option to bring a claim for compensation against the healthcare provider in the form of a medical malpractice claim. Medical malpractice claims in the State of West Virginia are permitted under the Medical Professional Liability Act (W. Va. Code § 55-7b-1, et seq.).
What Issues Will I Face In Pursuing A Medical Malpractice Claim?
Two of the biggest issues in any medical malpractice claim are causation and damages.
The causation question may be answered by asking, “Was the patient’s injury caused by a healthcare provider’s negligence?” Negligence in the realm of medical malpractice is determined by whether the healthcare provider’s treatment of the patient deviated from the standard of care, and further whether that deviation resulted in injury to the patient. The “standard of care” is measured by what a reasonably prudent health care provider would or would not have done in similar circumstances.
Medical malpractice cases are extremely fact-specific. They are also extremely costly to pursue. This goes to the second issue mentioned above – the issue of damages. Damages are the monetary and non-monetary losses suffered by a person as a result of a healthcare provider’s negligence. Damages come in the form of specific damages (e.g., medical bills, lost wages, lost earning capacity) and general damages, things that don’t have a specific monetary value (e.g., pain and suffering, mental and emotional distress, annoyance and inconvenience).
The costs of retaining expert witnesses to pursue a claim against a physician can often be exorbitant and in some cases, even prohibitive. Sadly, the WV Legislature has mandated that in order to pursue a medical malpractice claim, in court, you must first retain and hire an expert witness to opine that the treating doctor committed malpractice. This initial evaluation often costs thousands of dollars right up front and through to the end of trial, the involvement of one or often more medical experts adds up to five figures (10s of thousands).
Because of the costs associated and the often complicated medical issues involved in pursuing and proving medical malpractice claims, you need an experienced malpractice lawyer to evaluate and help you with your case.
Our attorneys at Adams Legal Group, PLLC, have significant experience in dealing with medical malpractice cases and can help to evaluate your potential claim. If you have suffered an injury due to a healthcare provider’s negligence, please contact us for a free consultation with one of our attorneys – (304) 381-2166.