Charleston Medical Malpractice Lawyer

Are you or a loved one suffering because of a medical error in Charleston, WV? Proving medical negligence can be complicated. You’ll need an experienced Charleston medical malpractice lawyer to help you navigate the challenges you might face. At Mani Ellis & Layne Accident & Injury Lawyers, our experienced team can help you fight to recover compensation for medical bills, lost income, and more.

We’ll use over 71 years of experience to determine who is responsible for your injuries. Since 2007, we’ve recovered hundreds of millions of dollars on behalf of injured clients and their families.

We’re ready to stand up and protect you. Contact our law offices in Charleston, West Virginia, or call (304) 720-1000 to schedule your free consultation today.

How Can Mani Ellis & Layne Accident & Injury Lawyers Help With My Medical Malpractice Claim in Charleston?

How Can Mani Ellis & Layne PLLC Help With My Medical Malpractice Claim in Charleston?

Thanks to laws that tend to favor the healthcare industry, proving medical negligence can be extremely challenging. You’ll have to comply with multiple procedural requirements before your case can proceed. 

Our Charleston, WV personal injury attorneys know that it can feel like the insurance company is making you jump through hoops. Our team at Mani Ellis & Layne Accident & Injury Lawyers is here to stop the insurance companies from taking advantage of you.

We’ve earned an AV-Preeminent rating and recognition from Super Lawyers for multiple years running, and we have a track record of success you can count on to get you results.

When you trust us to handle your case, you’ll have a skilled lawyer to:

  • Make sure you understand your legal rights and options
  • Search for evidence to prove how you were harmed
  • Hire the medical experts and obtain testimony needed to prove your case
  • Calculate the fair value of your injury claim
  • Reject lowball settlement offers
  • Negotiate with the insurance companies and defense teams on your behalf

Our Charleston personal injury lawyers will stand by your side throughout the entire legal process–handling all legal challenges that arise along the way. Just contact us today to learn more about how we can help with your case.

Do I Have a Valid Medical Malpractice Claim?

Do I Have a Valid Medical Malpractice Claim?

A medical professional commits malpractice when they fail to satisfy the expected level of care when treating a patient. In other words, doctors must provide the level of care that other reasonable, trained doctors would provide under the circumstances. This is known as the medical standard of care.

If you received care that deviates from the accepted standard of care and were harmed because of it, you may have a valid medical malpractice case.

Our Charleston medical malpractice attorneys have decades of experience handling all types of medical negligence cases, including those involving:

  • Misdiagnosis
  • Cancer misdiagnosis
  • Emergency room errors
  • Surgical errors, including wrong-site surgery
  • Hospital negligence
  • Delayed diagnosis
  • Failure to diagnose
  • Medication errors
  • Anesthesia errors
  • Pharmacy errors
  • OBGYN errors
  • Dental malpractice
  • Nursing negligence
  • Birth injuries

Medical errors can happen at any stage of the treatment process. If you were a victim, our lawyers are dedicated to helping you hold the negligent healthcare providers accountable. Contact us today to learn more about your legal options.

How Common Is Medical Malpractice in West Virginia?

Medical negligence is a leading cause of death in the U.S. 

Recent reports have highlighted the severity of the problem in West Virginia. A study evaluated medical malpractice payments from 2017 through the first half of 2023 based on each state’s population. 

Unfortunately, West Virginia ranked first on the list of states with the most medical malpractice problems.

What Is My Charleston Medical Malpractice Case Worth?

The value of your medical malpractice claim depends heavily on the facts, including:

  • The nature of the harm you have suffered
  • The nature of the at-fault party’s actions
  • Your medical treatment costs
  • Whether your doctor expects you to need ongoing medical care or rehab
  • How the medical error has impacted your earnings and ability to keep working
  • Damage to your quality of life, emotional health, and lifestyle
  • Your physical pain and suffering
  • The strength of the evidence to prove your case

Doctors and hospitals have teams of insurance defense lawyers to advocate for them. You deserve a lawyer who will do the same. Reach out to our team today to learn more about how much compensation you really deserve.

What Types of Damages Are Available to Victims of Medical Malpractice in West Virginia?

Examples of the types of economic and non-economic damages that may be available include:

  • Past medical bills
  • Additional medical expenses incurred because of the error
  • Lost wages
  • Lost future earning potential
  • Physical therapy
  • Rehabilitation 
  • Nursing care
  • Household assistance
  • Pain and suffering
  • Emotional distress
  • Anxiety
  • Depression 
  • PTSD
  • Diminished quality of life
  • Physical disfigurement and scarring
  • Loss of consortium

You’re entitled to recover the full value of your economic damages without limit. 

However, your non-economic damages are subject to a $250,000 cap in West Virginia. If you suffer certain types of catastrophic and permanent injuries, the cap is increased to $500,000. These amounts increase based on inflation each year.

How Much Does It Cost To Hire a Medical Malpractice Lawyer in Charleston, WV?

How Much Does It Cost To Hire a Medical Malpractice Lawyer in Charleston, WV?

Like most personal injury law firms, Mani Ellis & Layne Accident & Injury Lawyers works on a contingency fee basis. We only get paid if we obtain compensation for you; otherwise, you owe us nothing in attorney’s fees.

Instead of paying us a retainer, you pay attorney’s fees based on a percentage of your settlement or verdict. We only collect our fees once you have received compensation for your losses. 

Our Charleston Medical Malpractice Attorneys Will Fight To Recover Compensation for All of Your Injuries

Victims of medical negligence often end up struggling with serious and life-changing injuries.

Our lawyers can help patients who have suffered:

  • A worsened underlying medical condition
  • Brain damage
  • Other types of internal organ damage
  • Severe infections
  • Sepsis and shock
  • Paralysis
  • Blood clots
  • Stroke 
  • Reduced life expectancy
  • Amputations 
  • Other types of catastrophic injuries 
  • Wrongful death of a loved one

You may require more painful and extensive treatment if your doctor’s actions or failure to act made your condition worse. Our lawyers are here to help you fight for justice. 

What Are the Most Common Causes of Medical Malpractice in Charleston?

Medical mistakes tend to happen when medical providers are overworked, exhausted, or inexperienced.

Some of the most common causes of medical mistakes include:

  • Charting and communication errors
  • Failure to properly monitor a patient before, during, or after a procedure
  • Failure to take a full patient history
  • Failure to listen and take a patient’s symptoms seriously
  • Ordering the wrong diagnostic tests
  • Misinterpreting test results
  • Lab mixups
  • Adverse drug interactions
  • Defective medical devices and dangerous drugs
  • Prescribing the wrong medication or the wrong dosage
  • Mistaken patient identity
  • Unsanitary conditions in a hospital or medical facility
  • Failure to refer a patient to a specialist when appropriate
  • Drug or alcohol use

Many patients have trouble finding out exactly why they’re suffering. Our lawyers have the resources to conduct a full investigation and identify the cause of your suffering. With that information, we’ll be ready to demand fair compensation from all responsible parties.

How Do I Prove I Deserve Compensation in a West Virginia Medical Malpractice Case? 

Medical malpractice is a type of negligence.

To recover compensation, you must prove:

  • You were a patient, so the defendant owed you a legal duty of care
  • The defendant breached the duty through some action or failure to act
  • The breach resulted in medical care that did not satisfy the medical standard of care
  • You suffered some type of harm, or damages, as a result

You must also present evidence about the standard of care you should have received. 

Under West Virginia medical malpractice laws, you must also provide a “screening certificate of merit” before your case can proceed. This certificate is a statement provided by a medical expert. It must provide details about the proper medical standard of care and how the care you received failed to satisfy that standard.

How Long Do I Have To File a Medical Malpractice Lawsuit in West Virginia?

Under West Virginia law, you have two years to file a lawsuit based on medical negligence.

The two-year statute of limitations starts to run on the earlier of:

  • The date the injury occurred
  • The date you knew, or reasonably should have known, that you were harmed by a medical error

A “statute of repose” also applies in West Virginia medical malpractice cases. Regardless of when you discovered the injuries, you must file a lawsuit within 10 years after the injury occurred. That’s true regardless of whether you reasonably could have known about the mistake.

If your case is against a nursing home or assisted living facility, you have only one year to file a lawsuit.

The bottom line is that it’s best to consult an experienced attorney if you even suspect you’ve been a victim of medical negligence. The sooner we can start building your case, the better your chances are.

Contact a Charleston Medical Malpractice Lawyer for a Free Consultation

You’re suffering because a doctor made a serious mistake during your treatment. You shouldn’t have to cover the costs or bear the burden alone. An experienced Charleston medical malpractice lawyer at Mani Ellis & Layne Accident & Injury Lawyers can help you fight for full financial compensation. For the legal advice you deserve, give us a call today.

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HIGHLY RATED LOCAL COURTS

  • Kanawha County Courthouse – 409 Virginia St E, Charleston, WV 25301
  • Charleston Municipal Court – 501 Virginia St E #102, Charleston, WV 25301
  • Supreme Court of Appeals of West Virginia – 1900 Kanawha Blvd E # E317, Charleston, WV 25305

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