The last thing you might expect when visiting a doctor is to be treated with less than the required standards of care. If a healthcare provider committed an act or omission that a reasonable and prudent doctor would not have in similar circumstances, you may be entitled to financial compensation for a related injury, infection, illness, or the loss of a loved one’s life. The attorneys at Bailey & Glasser, LLP can help you understand your rights and take legal action for medical malpractice in Charleston, West Virginia. Contact us for a free case consultation.
What Is Medical Malpractice?
Medical malpractice is a type of tort, or civil wrongdoing, that describes a medical practitioner or healthcare facility providing substandard care, or care that falls below the accepted standards for the medical industry. When this results in injury, harm, or death to a patient, the medical provider can be held accountable with a malpractice lawsuit. This type of claim seeks financial compensation for the victim’s losses, such as bodily injuries, medical expenses, and pain and suffering, from the at-fault doctor or party.
Examples of Medical Malpractice
Medical malpractice can involve many different acts and omissions by a healthcare practitioner that do not meet the required standards and injure a patient. Malpractice can be committed by a doctor, nurse, dentist, surgeon, hospital, or other medical providers.
At Bailey & Glasser, LLP, we have years of experience handling a wide range of medical malpractice claims, including:
- Diagnostic errors (misdiagnosis, delayed diagnosis, failure to diagnose, etc.)
- Medication mistakes
- Surgical errors
- Anesthesia errors
- Failure to obtain informed consent
- Failure to treat
- Birth injuries
- Nursing home abuse and neglect
- Medical product liability
A medical malpractice claim may involve a careless act of negligence by a doctor or a knowing act of wrongdoing. Either way, the doctor or health care center can be held accountable for the patient’s related losses with a medical malpractice claim in West Virginia.
How to File a Medical Malpractice Claim in Charleston
If you believe you have grounds to file a medical malpractice claim, start by consulting with an attorney to find out if your case has merit. If so, your lawyer can help you navigate all of the strict procedural rules involved with filing this type of claim. In West Virginia, the law requires medical malpractice claims to be filed no later than two years from the date of the injury or the date when the patient discovers or should have discovered through reasonable diligence that he or she was injured.
However, there is an exception to the rule for malpractice claims involving a nursing home, assisted living facility or a hospital providing nursing care. These claims must be brought within just one year. In addition, West Virginia has a statute of repose of 10 years. This law states that if more than 10 years have passed since the act of malpractice occurred, a claim cannot be brought, regardless of when the patient discovered his or her injury. An attorney can help you file a medical malpractice claim before your deadline.
Contact Us for a Free Consultation
You are dealing with enough as a victim of medical malpractice in Charleston. Entrust your case to the attorneys at Bailey & Glasser, LLP, to take the legal burden off your shoulders. We have the resources and experience to properly handle your claim and seek maximum financial compensation for your losses. Our attorneys will be here for you through every phase of the legal process. Call (304) 345-6555 or contact us online today to schedule a free medical malpractice case consultation.
At Bailey & Glasser, LLP, our legal expertise goes beyond our renowned representation in personal injury cases. We also extend our comprehensive legal services to victims of dog bites, ensuring their rights are protected and justice is served. Furthermore, we offer dedicated legal support for cases involving medical malpractice, assisting victims in holding negligent medical professionals accountable for their actions. Our commitment to justice also encompasses the sensitive area of wrongful death cases, where we strive to secure rightful compensation for families who’ve experienced the tragic loss of a loved one due to someone else’s negligence or wrongdoing.