Was your child injured as a result of a pediatrician’s negligence in Charleston, WV? Your family may be entitled to damages by filing a medical malpractice claim. Mani Ellis & Layne Accident & Injury Lawyers can help you hold the responsible provider liable and pursue the maximum compensation your child needs and deserves.
Our Charleston pediatrician malpractice lawyers have 71 years of combined experience and have won hundreds of millions of dollars for our clients since our founding. We take these cases personally and will fight to make sure your family is treated fairly throughout the legal process.
Contact our office today at (304) 720-1000 for a free consultation. At that time, we can fill you in on your best course of action moving forward.
How Mani Ellis & Layne Accident & Injury Lawyers Can Help With Your Pediatrician Malpractice Claim in Charleston, West Virginia
Medical malpractice cases involving children require a legal team that understands both the medical and legal complexities that these situations entail. At Mani Ellis & Layne Accident & Injury Lawyers, we have decades of experience handling these types of claims and will stop at nothing when it comes to helping you maximize your financial recovery.
When you bring your case to our experienced Charleston medical malpractice lawyers, we will help by:
- Investigating what happened during your child’s treatment
- Consulting with qualified medical experts to evaluate the standard of care
- Obtaining and reviewing all of the relevant medical records
- Identifying every party that may be liable for your child’s injuries
- Handling the pre-suit notice and screening certificate of merit requirements
- Negotiating with the insurance company for a fair settlement
- Filing a lawsuit and taking your case to trial if needed
Call us today in Charleston, West Virginia, to schedule your free case review and ask any questions that you might have. Our Charleston personal injury lawyers can walk you through your legal options.
What Is Pediatrician Malpractice?
Pediatrician malpractice occurs when a doctor who treats children fails to provide the level of care that a reasonably competent pediatrician would have provided under similar circumstances.
Some common examples of pediatrician malpractice include:
- Misdiagnosing a serious condition
- Failing to diagnose an illness
- Prescribing the wrong medication
- Delaying necessary treatment allows a condition to worsen
- Failing to order appropriate tests when symptoms warrant further evaluation
- Not referring the child to a specialist when the situation calls for it
- Dismissing a parent’s concerns about their child’s symptoms
Not every unfavorable medical outcome constitutes malpractice. However, when a pediatrician’s carelessness directly causes harm to a child, the provider can and should be held responsible.
What Do I Need to Prove in a Pediatrician Malpractice Case?
West Virginia law requires you to establish four elements to succeed in a medical malpractice claim. Each one must be on a “preponderance of the evidence,” which means more likely than not.
The four elements are:
- Duty of care: A doctor-patient relationship existed between the pediatrician and your child, creating a legal obligation to provide competent care.
- Breach of duty: The pediatrician failed to meet the accepted standard of care that another qualified provider would have followed in the same situation.
- Causation: The breach of duty directly caused your child’s injury or made an existing condition worse.
- Damages: Your child and your family suffered real losses as a result of the provider’s negligence.
West Virginia also requires a screening certificate of merit before you can file your lawsuit. This is a sworn statement from a qualified medical expert confirming that your case has a legitimate basis. Your lawyer must also send a notice of claim to the provider at least 30 days before filing suit.
What Damages Can I Recover in a Charleston, WV Pediatrician Malpractice Case?
If your pediatrician malpractice claim is successful, your family may be entitled to recover both economic and non-economic damages. Taken together, these are called “compensatory damages.”
Economic damages cover the financial losses tied to your child’s injury, such as:
- Medical bills
- Costs of ongoing medical care
- Assisted care needs
- Lost earning capacity if the injury affects your child long-term
- Out-of-pocket expenses
Non-economic damages address the less tangible impact of the injury, including:
- Pain and suffering
- Emotional distress
- Trauma
- Loss of quality of life
- Permanent disability
West Virginia also allows for punitive damages, but only in rare circumstances, involving conscious, reckless, or outrageous conduct. Both non-economic and punitive damages are capped for medical malpractice cases in West Virginia.
Contact Our Charleston Pediatrician Malpractice Lawyers for a Free Consultation
If your child was harmed by a pediatrician’s malpractice in Charleston, WV, your family may have the right to file a malpractice claim. These cases are complex, but with the right legal team behind you, it is possible to get the justice and full amount of compensation available to you under the law.
Mani Ellis & Layne Accident & Injury Lawyers has the experience and track record of success to help you every step of the way. Contact our Charleston pediatrician malpractice attorneys today to schedule a free consultation. We work on a contingency fee basis, which means you pay us only if we recover money for you.