Medical malpractice affects thousands of individuals in the United States every year, and it can have a devastating impact on the lives of patients and their families. When healthcare providers fail to uphold the standard of care expected of them, the consequences can be life-altering or even fatal.
Whether you or a loved one have been injured due to medical negligence, you may be eligible to pursue a medical malpractice lawsuit. This type of lawsuit seeks to hold the at-fault party accountable for their actions and recover damages for the harm caused.
If you suspect that you or a loved one has been a victim of medical malpractice, don’t wait to take action. Contact a trusted Charleston, WV medical malpractice lawyer at DiPiero Simmons McGinley & Bastress, PLLC to discuss your case and explore your legal options.
What Is Medical Malpractice?
According to John Hopkins University, 10 percent of all U.S. deaths are now due to medical error.
When you visit a healthcare provider, you expect to be correctly diagnosed or treated for your ailment. Unfortunately, many people suffer injuries from these visits, and in many cases, this is due to the negligence of the healthcare professional.
With a specific level of training and experience, these professionals are expected to treat patients in a certain way. Anytime a doctor, nurse, dentist, technician, hospital worker, or even the hospital deviates from those standards and fails to provide an acceptable level of care, that is known as medical malpractice.
The parties that may be liable for damages include:
- Doctors
- Surgeons
- Nurses
- Physicians
- Dentists
- Medical groups
- Hospitals
- Nursing homes
- Doctors
- Clinics
Medical malpractice can take many forms, such as:
- A doctor may misdiagnose a patient’s condition, prescribe the wrong medication or dosage, or fail to order necessary tests or consult with other specialists.
- A nurse may administer medication incorrectly, fail to monitor a patient’s vital signs, or neglect to report patient condition changes to the doctor.
- Dentists and technicians may also commit medical malpractice if they perform a procedure incorrectly, fail to obtain informed consent, or use defective or unsanitary equipment.
- Hospitals may be liable for medical malpractice if they fail to ensure that their staff is properly trained and supervised or to maintain a safe and sterile environment.
One harsh reality of these incidents is that a patient often suffers serious injuries or even death due to a healthcare provider’s negligence. If you or a loved one has been the victim of medical malpractice, a Charleston, WV medical malpractice lawyer is here to help you determine the next steps for your case.
What Are Some Examples of Medical Malpractice?
Medical malpractice can take the form of many different incidents. While we mentioned a few above, here are a few more examples of these negligent practices:
- Delay or failure to diagnose: When a healthcare professional fails to diagnose a patient’s ailment promptly, it can result in serious injuries. Delays may occur due to oversight, misinterpretation of symptoms, or inadequate testing. Many of these cases focus on cancer, which, if caught early, can lead to better results for the patient.
- Prescribing the wrong medication or dosage: Medication errors can occur when a provider prescribes the wrong drug or an incorrect dosage. These mistakes can include adverse reactions, worsening of the patient’s condition, or even death.
- Radiological errors: Radiological imaging, such as X-rays, MRIs, and CT scans, plays a vital role in diagnosing and monitoring various conditions. Errors in interpreting radiological images can lead to misdiagnosis or missed abnormalities.
- Unnecessary surgery: Performing surgery when it is not medically warranted constitutes medical malpractice. Unnecessary surgeries expose patients to risks, complications, and recovery time without providing any benefit.
- Surgical errors and complications: Even in necessary surgeries, mistakes can occur. These include errors during the surgical procedure, such as damaging adjacent structures, leaving foreign objects inside the patient, or improper wound closure. Complications after surgery, such as infections or excessive bleeding, also fall under this category.
- Anesthesia mistakes: Anesthesia administration requires precision. Errors in dosage, patient monitoring, or choice of anesthesia cause serious harm. Anesthesia mistakes may result in adverse reactions, prolonged unconsciousness, or even death.
- Hospital negligence: Hospitals have a duty to provide a safe environment for patients. Negligence by hospital staff, inadequate staffing levels, unsanitary conditions, or failure to follow protocols can harm patients and are considered medical malpractice.
The above are just a sample of the medical malpractice cases we handle at DiPiero Simmons McGinley & Bastress, PLLC. If you would like to learn more about whether you have a valid claim, make sure to schedule a consultation with one of our Charleston WV medical malpractice lawyers.
What Is the Statute of Limitations in West Virginia?
In West Virginia, a specific time limit to file a medical malpractice claim is known as the statute of limitations. The deadline for all medical malpractice claims in West Virginia is two years from the date of injury.
If you wait too long and miss this deadline, you may lose the chance to pursue legal action against the responsible parties.
More importantly, you could miss out on recovering compensation for your injuries and damages. By working with a skilled medical malpractice attorney in Charleston, you can be assured that you will adhere to these deadlines.
What Damages Could I Recover?
If you have suffered injuries or losses as a result of medical malpractice, you may be entitled to compensation. These damages often fall into two main categories: economic and non-economic damages.
Economic damages are quantifiable financial losses that are the result of the healthcare provider’s negligence. Some types of this compensation may include:
- Past and future email expenses
- Lost wages and loss of earning potential
- Other costs related to your injury
While non-economic damages are less tangible, they still significantly impact the life of the person injured by malpractice. These can include:
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Loss of consortium
- Disagreement or scarring
In some cases, the negligent action (or lack of adequate care) can lead to a person’s death.
When that occurs, a wrongful death claim can be filed, especially if the healthcare provider acted recklessly. If successful, a wrongful death claim can result in compensation for:
- Funeral and burial expenses
- Loss of financial support
- Loss of companionship and emotional support
- Pain and suffering experienced by the deceased before passing
There is a cap on non-economic damages in medical malpractice cases in West Virginia.
For these cases, the cap is $250,000 per occurrence, adjusted annually for inflation. However, in cases involving wrongful death, the cap increases to $500,000 per occurrence, also adjusted annually for inflation.
Take the Next Steps for Your West Virginia Medical Malpractice Case
If you believe that you or a loved one have been a victim of medical malpractice, take action as soon as possible. At DiPiero Simmons McGinley & Bastress, PLLC, our team of experienced attorneys can help you build a strong case for compensation. We will immediately begin collecting all the necessary evidence.
Our team will obtain your medical records from both the original medical error and any follow-up treatments you may have had. Also, we will gather witness statements and expert testimony to support your claim.
Our goal is to ensure that you receive the compensation you deserve for any damages or losses.
We understand that dealing with the aftermath of medical malpractice can be stressful and overwhelming. For that reason, we are committed to providing you with compassionate and personalized support throughout the entire legal process.
If you want to know if you have a valid claim or are ready to start the legal process, contact an experienced Charleston, WV medical malpractice lawyer today.
You can schedule a consultation by contacting our office for a free initial case assessment.
