Are you or a loved one suffering from a medical error in Charleston, WV? A Charleston medical malpractice lawyer from Mani Ellis & Layne Accident & Injury Lawyers can help you navigate the challenges you might face. Contact us today at (304) 720-1000 for legal help.
We’ll use over 71 years of experience to determine who is responsible for your injuries. 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, to schedule your free consultation today.
How Can Mani Ellis & Layne Accident & Injury Lawyers 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.
What is Medical Malpractice?
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.
What Are the Most Common Causes of Medical Malpractice in Charleston?
Most instances of medical malpractice stem from the failure to meet the proper standard of care. This failure then results in injury or even death of the patient. Common examples of negligence (failure of a medical professional to meet the appropriate standard of care) include:
- Misdiagnosis or delayed diagnosis: A patient may suffer injury if they are misdiagnosed, as this can result in unnecessary treatments, increased healthcare costs, and complications during recovery. Similarly, when a diagnosis is delayed, patients may miss out on crucial medical interventions, allowing their illness or injury to worsen. Both misdiagnosis and delayed diagnosis can significantly impact a patient’s health and overall recovery.
- Surgical errors: Surgical errors may range from improper procedures to surgery on the wrong body part. They can lead to severe complications, longer recovery times, or even life-threatening situations.
- Medication errors: Administering the wrong medication or the wrong dose can have devastating effects on the patient. These errors can cause adverse reactions, worsening patient conditions, or even fatal outcomes.
- Anesthesia errors: Incorrect dosages, improper administration techniques, or failure to monitor a patient’s vital signs properly may lead to severe injury or death.
- Birth injuries: Birth injuries might occur due to failure to monitor the baby during delivery, improper use of instruments, delays in performing necessary interventions, and more. Many common birth injuries can lead to lifelong disability and might require extensive medical care and rehabilitation.
- Infections: There are many ways a patient might get an infection due to medical malpractice, including inadequate techniques, monitoring failures, or improperly performed surgical procedures.
- Failure to obtain informed consent: When a medical professional fails to explain the risks, benefits, and alternatives of a treatment or procedure, the patient may undergo treatments they do not fully understand. This can lead to adverse outcomes and emotional distress.
There are many ways medical malpractice can manifest, ranging from failure to follow sterile procedures to performing surgery on the wrong body part or giving the wrong medication. Contact a Charleston medical malpractice attorney as soon as possible to discuss your particular circumstances and next steps.
What Types of Damages Are Available to Victims of Medical Malpractice in West Virginia?
Compensatory damages are damages awarded to a plaintiff to compensate them for economic and noneconomic losses. Economic damages compensate plaintiffs for quantifiable financial losses they suffered. These might include:
- Medical bills
- Lost wages
- Property damage
- Out-of-pocket expenses
Noneconomic damages compensate plaintiffs for harm that is subjective and harder to quantify than economic damages. You might receive noneconomic damages for:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disabilities and permanent impairments
- Scarring and disfigurement
You should know that West Virginia limits the recoverable amount for noneconomic losses. Plaintiffs cannot recover more than $250,000 unless they suffered wrongful death, permanent physical deformity or losses, or permanent physical or mental functional injury that limits their quality of life.
Receiving punitive damages is also possible, though rare. Punitive damages are designed to punish the defendant for acting in a particularly harmful way rather than compensate you for your injuries. West Virginia statutes allow punitive damages where the defendant had “actual malice toward the plaintiff” or “a conscious, reckless and outrageous indifference to the health, safety and welfare of others.”
Speak with your attorney as soon as possible about what damages you might be able to receive.
Who Can Be Held Liable For Medical Malpractice?
There are several parties who might be held liable when a patient is not given appropriate care and suffers injury as a result. The medical professional directly responsible for the medical malpractice might be held responsible, as well as the facility that employs them. Possible responsible parties include:
- Doctors
- Nurses
- Nurse practitioners
- Surgeons
- Pharmacists
- Medical device providers
- Dentists
- Medical groups
- Clinics
- Hospitals
- Nursing homes
A medical malpractice attorney will be able to help you find out who to hold accountable if you are injured due to medical negligence.
How Do I Prove Liability 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.
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.
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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