Medical malpractice occurs any time that a healthcare professional acts (or fails to act) reasonably, causing a patient to become injured. Doctors, nurses, and other health care providers are among the members of our society that we expect to trust unconditionally, as we rely on them to provide medical care to us. But unfortunately, that trust is violated every day, as doctors and hospitals in West Virginia and across the country continue to cut costs and corners to sacrifice patient care in favor of profit.
If you or someone you love has been affected by a suspected instance of medical malpractice, you should contact an attorney as soon as possible. Our team of nationwide personal injury attorneys at Bailey Glasser regularly represents West Virginia malpractice victims, and we’re ready to hear from you today.
How to Prove Medical Malpractice
Medical malpractice can occur in any setting, and it can be committed by any type of healthcare professional. However, even though malpractice is an unfortunately common occurrence, it can be difficult to prove, as doctors and hospitals will usually seek to hide or conceal evidence to suggest wrongdoing.
Malpractice can be a costly situation for hospitals and their insurance companies, and for that reason, it can be difficult to obtain evidence without the assistance of a capable medical malpractice lawyer. After a lawsuit is filed, a West Virginia malpractice plaintiff will need to prove four elements, or parts, of the claim to make a successful case:
- That a standard of care exists to show how reasonable and competent doctors would treat similarly situated patients
- The doctor or provider in question violated that standard of care
- The patient was actually injured
- The violation caused the patient’s injuries
Standards of Medical Care
Generally, the first element is the most important – and sometimes the most difficult. Establishing a “standard of care” requires expert testimony to show that a reasonable and competent doctor would not have acted in the same way as the doctor in question. Doctors will usually try to assert that standards of care are ambiguous or broad to allow for “judgment calls” which support their decision-making. At Bailey Glasser, our experience in handling malpractice cases informs our practice, and we know how to handle these arguments.
Contact Bailey Glasser Today
Bailey Glasser was founded in West Virginia more than 20 years ago, and today, we’ve grown into one of the country’s preeminent personal injury law firms. We represent clients in West Virginia and across the country in all kinds of lawsuits, including medical malpractice cases. Our large team of attorneys and vast network of resources allows us to provide a level of service that can’t be matched by small law practices, and we are well-equipped to take on hospitals and their insurance companies.
Beyond our expertise in medical malpractice cases, Bailey Glasser also provides comprehensive legal services in areas such as personal injury, car accidents, and wrongful death. We understand that these incidents can lead to significant physical, emotional, and financial distress, hence we dedicate ourselves to representing victims assertively and compassionately. If you or a loved one have suffered due to the negligence of others, rest assured that our experienced attorneys are here to help seek justice and the compensation you deserve.
We’re proud to offer free, no-risk consultations to prospective clients. To set up an appointment with a member of our team about your prospective medical malpractice lawsuit, get in touch with us today.