When a licensed medical provider fails to treat a patient with an acceptable level of care, resulting in injury or death, it is known as medical malpractice. If you or a loved one has been injured due to medical malpractice in Huntington, West Virginia, you may be entitled to financial compensation for your losses. Bailey & Glasser, LLP is dedicated to advocating for the rights of injured patients. We can help you navigate the civil justice system as your medical malpractice attorneys.
What Is Medical Malpractice?
Medical malpractice describes a healthcare professional failing to meet the standards of care that are required by his or her profession, resulting in injury, harm, or death to a patient. Medical practitioners legally must adhere to high standards of care. Negligently or knowingly falling short of these standards can result in significant patient harm.
Examples of medical malpractice include:
- Prescribing the wrong medication or dosage
- Misdiagnosing or failing to diagnose a patient
- Failing to obtain informed consent for a treatment
- Making an error during surgery
- Operating on the wrong patient or body part
- Leaving behind a foreign object after surgery
- Administering too much or too little anesthesia
- Causing birth injuries during labor or delivery
- Abusing or neglecting nursing home residents
- Failing to treat a patient due to inability to pay or discrimination
If there is evidence that a medical provider or health care center should have done more to prevent a patient’s injury, illness, harm, or death, that party may be held accountable for the victim’s losses. Filing a medical malpractice claim allows the victim or victim’s family to seek justice and financial compensation for the losses suffered, including medical expenses, lost wages, permanent disability, and pain and suffering.
What Is the Statute of Limitations on a Medical Malpractice Claim in West Virginia?
If you are considering filing a medical malpractice claim in West Virginia, it is critical to act fast. You may have as little as one year from the date of malpractice to file a related lawsuit under the statute of limitations. This is the deadline for all malpractice cases against nursing homes, assisted living facilities, a hospital that provides nursing care, or an employee of any of these facilities. Otherwise, claimants have two years from the date of malpractice or the date of reasonable discovery of the injury to file a medical malpractice claim.
How Can a Medical Malpractice Attorney Help?
Medical malpractice is a complicated area of personal injury law. These claims come with specific statutes and required procedures compared to typical personal injury claims in West Virginia. For example, state law requires the filing party to send a notice of claim to the defendant at least 30 days prior to filing a medical malpractice lawsuit. This notice must include a screening certificate of merit or a statement written by a healthcare provider who qualifies as a medical expert.
An attorney can help you fulfill the requirements associated with a medical malpractice claim in West Virginia. You can focus on healing from a serious injury or illness while your attorney handles complicated legal matters for you, including investigating the incident and collecting evidence of malpractice. An attorney can strengthen your case and help you go up against a healthcare center, its aggressive legal team, and an insurance corporation in the pursuit of the case results that you deserve.
Contact Bailey & Glasser, LLP for a Free Case Review
Medical malpractice can have a devastating impact on a patient and his or her family. At Bailey & Glasser, LLP, we have the team and resources to help you hold a negligent healthcare provider accountable for your injuries or the death of a loved one. We understand how these cases work and will make sure you have everything you need to get through this difficult time. Contact us today to learn more about how we can help. Request your free medical malpractice case consultation in West Virginia by calling (304) 345-6555.
At Bailey & Glasser, LLP, we specialize in a wide range of personal injury cases, including those arising from car accidents. If you’ve been injured due to another driver’s negligence, our dedicated team is ready to guide you through the complex legal process. We understand the challenges faced by victims of car accidents – physical trauma, emotional distress, mounting medical bills, and loss of income. Our aim is to secure the highest possible compensation for your losses and help you get your life back on track.