Medical Malpractice Lawyers
Helping injured victims in West Virginia get answers
If you believe that you have been injured by the negligence of a medical professional in West Virginia, you should take immediate steps to protect your rights. At Mani Ellis & Layne, PLLC, we help you seek answers about what went wrong with your medical care. You may also be entitled to recover compensation for the physical, emotional, and financial harm you have suffered due to your injuries or the loss of a loved one.
Our experienced and dedicated medical malpractice attorneys will find out what really happened. Our legal team knows where to look for evidence of negligence by medical professionals. We also consult medical experts who can determine if your doctor met the standard of care expected in your treatment. Our goal is to help you to get your life back on track after you were harmed by medical negligence. It’s not just business for us – it’s personal.
Understanding medical malpractice claims
We can thoroughly investigate what happened to you. The goal will be to determine whether the medical professional in your case failed to fulfill a basic duty that was owed to you as a patient. Under West Virginia law, the duty of doctors and other medical professionals is to exercise the care, skill and learning that would be expected or required of a reasonable, prudent medical professional in the same area of medicine when facing the same or similar circumstances.
If our investigation reveals that the medical professional in your case provided care that fell below the relevant standard of care, and that failure cause you to suffer actual harm, then you may have grounds for a medical malpractice claim.
Any medical professional who has harmed you by contributing to negligent care, treatment, or confinement of you can, potentially, be held liable in a West Virginia medical malpractice claim. This list includes doctors, nurses, dentists, therapists, and emergency care providers. Hospitals, clinics, nursing homes and other care facilities – whether private or government-operated – may be liable as well. West Virginia has a law that allows a party to be held liable only for the percentage of fault attributed to him or her. So, in your case, it will be crucial to identify and take action against all health care providers who are responsible for your harm.
How much money can you get in a medical malpractice lawsuit?
There is no simple answer to that question. The goal of pursuing a medical malpractice claim would be make you “whole” again. In other words, our lawyers would seek a financial recovery that would put you in the position you enjoyed before you were harmed by a medical professional’s negligence.
Generally, you can seek to recover compensation for economic damages such as past and future medical expenses, lost income and loss of future earnings and non-economic damages such as pain and suffering and loss of consortium. You may be able to seek punitive damages if the medical professional acted with fraud, malice, or intent to harm you.
West Virginia, like many states, places a cap on the non-economic damages you can recover in a medical malpractice claim.
We fight to hold negligent parties accountable
You must file a medical malpractice claim in West Virginia within two years from the date of your injury, your discovery of the injury (or when you reasonably should have discovered it), or your loved one’s death due to malpractice. In no event can you bring a medical malpractice claim more than 10 years after the date of the injury, regardless of when you discovered it.
There are two exceptions to these time limits, or statute of limitations, that may come into play in your case:
- A claim may be brought on behalf of a child under age 10 within two years after the date of injury or within two years after the child turns age 12 – whichever is longer.
- The clock will not start running on your claim if you were the victim of fraud, misrepresentation, concealment, or collusion by medical professionals.
Medical malpractice cases in West Virginia can be highly complex. It is important to work with a lawyer who has experience in these cases as well as the skill and resources it takes to hold health care providers accountable for their negligence. Our firm provides the aggressive representation you need by investigating your case, working with experts, seeking timely resolution and if necessary, fighting for you at trial.
Because it takes time to prepare a medical malpractice claim, it is important to contact an attorney as soon as possible if you believe that you have been harmed by medical negligence. If you wait too long to act, you could lose your right to take action. Contact us today to schedule a free consultation at our Charleston office. Or we can meet you at another location that is convenient.