Are you struggling with painful injuries or life changes because a healthcare provider in West Virginia was negligent? Call Mani Ellis & Layne Accident & Injury Lawyers at (304) 720 1000 for a free consultation. An experienced West Virginia medical malpractice lawyer can explain your options and start protecting your legal rights today.
Our trusted attorneys draw on over 71 years of collective legal experience. Our case results include hundreds of millions of dollars recovered. When you hire our team, we handle the entire case–so that you can focus on healing.
Why Choose Mani Ellis & Layne Accident & Injury Lawyers to Handle a Medical Malpractice Claim in West Virginia?
When a medical error turns your life upside down, you need a powerful advocate in your corner. You’ll likely be forced to face off against powerful healthcare systems and insurance companies.
At Mani Ellis & Layne Accident & Injury Lawyers, we believe that success starts by building relationships and trust with our clients. For our success, we’ve been recognized by Thomson Reuters’ Super Lawyers and received Martindale-Hubbell’s prestigious AV-Preeminent Rating.
Our West Virginia personal injury lawyers will step in immediately to preserve evidence, build the most compelling case possible, and protect your interests at every stage.
Medical malpractice cases are complex. Our West Virginia medical malpractice attorneys have the tools and passion to help you get justice. Contact us today for a free consultation to get the direct and honest legal advice you deserve.
What Is Medical Malpractice in West Virginia?
Medical malpractice claims hinge on the standard of care a patient should receive versus the care they actually receive.
Medical providers are required to adhere to certain standards. The medical standard of care is formed within the medical community. Healthcare providers complete years of training to understand and comply with best practices developed by their community.
The basic premise of medical malpractice is this: a healthcare provider departed from the standard of care and harmed a patient in the process. They can be held liable for the damage they’ve caused.
Our Attorneys in West Virginia Represent Clients With All Types of Medical Malpractice Cases
Our attorneys at Mani Ellis & Layne Accident & Injury Lawyers have decades of experience handling complex medical negligence claims.
Examples of the cases we handle include:
- Surgical errors
- Misdiagnosis, including cancer misdiagnosis
- Failure to diagnose or delayed diagnosis
- Anesthesia errors
- Birth injuries and OB/GYN errors
- Emergency room errors
- Prescription drug errors
- Defective medical devices and medications
- Undertreatment or overtreatment
- Hospital-acquired infections, including MRSA, C. diff, and other types of dangerous infections
Hospitals and insurance companies are prepared to defend against your allegations. Our attorneys can level the playing field. When you hire us, we’ll evaluate every aspect of your treatment to identify all deviations from the standard of care.
Who Can Be Held Liable in a West Virginia Medical Malpractice Case?
Different healthcare providers and facilities may be liable for medical malpractice, depending on the circumstances. You may not know precisely who was responsible. Our attorneys will carefully review your records and consult with experts as we identify responsible parties.
Examples can include:
- Doctors, including surgeons, specialists, and consulting physicians
- Doctors responsible for supervising less experienced providers
- Nurses and nurse practitioners
- Physician’s assistants
- Hospitals
- Nursing home staff, doctors, and administrators
- Radiologists, labs, and testing facilities
It’s entirely possible that multiple parties may share legal responsibility. For example, hospitals and healthcare facilities may be responsible for negligent acts committed by their employees within the scope of employment.
How Much Is My West Virginia Medical Malpractice Case Worth?
Important considerations include:
- The nature of the harm
- The nature of the medical error
- Your health status prior to the error
- Your pre-error life expectancy compared to your life expectancy after the mistake
- Financial costs you’ve incurred because of the mistake
- Whether the harm is permanent or can be corrected with proper treatment
- How your earnings and ability to earn a living have suffered
- The pain and suffering you have experienced
Doctors, hospitals, and medical facilities all have insurance. They’ve seen cases like yours. They know what you deserve–but they also know how to manipulate you into taking less.
Fortunately, our attorneys know every trick in the book. We’ll fight even harder to help you get the money you deserve.
What Types of Compensation Are Available to Victims of Medical Malpractice in West Virginia?
Compensatory damages address your specified losses. They fall into two categories: economic and non-economic.
Economic damages can compensate for current financial losses and reasonably anticipated future costs.
Examples include:
- Current and projected future medical expenses
- Surgeries
- Rehabilitation and specialized care
- Lost wages
- Lost earning capacity
- Skilled nursing care
- Long-term care
- In-home assistance
- Home and vehicle modifications
- Out-of-pocket expenses
Non-economic damages account for personal, non-financial losses, including:
- Pain and suffering
- Mental trauma and suffering
- Depression
- PTSD
- Diminished quality of life
- Reduced life expectancy
- Disfigurement
- Loss of consortium
There is no cap on economic damages. The amount of economic damages available depends on the financial losses that can be established under applicable law.
West Virginia caps non-economic damages in medical malpractice cases. The law establishes a base limit of $250,000 per occurrence, subject to an annual inflation adjustment.
A higher base limit of $500,000 applies to wrongful death and certain severe, permanent injuries. The inflation adjustment cannot increase these limits beyond $375,000 and $750,000, respectively.
How Much Does It Cost to Hire a Medical Malpractice Lawyer in West Virginia?
Our attorneys’ fees don’t come out of your pocket. You have enough to deal with right now. You can hire our team under a contingency fee arrangement.
With contingency fees, your attorney deducts a percentage of your settlement or verdict to cover their fees. The amount you pay depends entirely on your attorney’s success. Because fees are a percentage, you’ll never pay a dime if your attorney does not recover compensation.
What Causes Most Medical Errors in West Virginia?
It’s important to get the root cause of the harm you’ve suffered. Without that information, it’s very unlikely that you’ll be able to hold the at-fault parties responsible.
Common scenarios that can give rise to a medical malpractice claim include:
- Charting errors
- Misinterpreting diagnostic tests
- Wrong-site surgeries
- Failure to monitor a patient
- Failure to recognize a patient’s symptoms
- Failure to recognize the potential for adverse drug interactions
- Administering the wrong drug or the wrong dosage
- Failure to consult a specialist when needed
- Failure to order the correct tests
- Lab mixups
- Unsanitary conditions, which can lead to dangerous infections
- Failure to supervise less experienced providers
- Failure to take a complete patient history
- Overworked and exhausted healthcare providers
- Inadequate or improper post-operative instructions
This is only a brief list of the possible grounds for a medical negligence claim. After an unexpected and unexplained adverse result, consulting an attorney is one of the smartest moves you can make.
Many patients don’t know why they’re suffering. They only have suspicions. Contact Mani Ellis & Layne Accident & Injury Lawyers as soon as you suspect medical malpractice.
What Do I Need to Prove in a Medical Malpractice Case in West Virginia?
The key is to prove the defendant neglected their duty of care and harmed you.
The elements of a winning medical malpractice claim include:
- You had a doctor-patient relationship with the defendant
- The standard of care that applied in your specific situation
- How the defendant failed to adhere to the medical standard of care
- The defendant’s failure caused you to suffer harm
- The damages you have suffered and their value
Expert testimony is often required in West Virginia medical malpractice cases. Before filing a lawsuit, a claimant generally must provide each healthcare provider with a notice of claim and a screening certificate of merit from a qualified healthcare provider.
The certificate explains the applicable standard of care, how the defendant allegedly violated it, and how that violation caused the patient’s injury or death. However, a certificate may not be required when the claim is based on a well-established legal theory that does not require expert testimony.
How Long Do I Have to File a Medical Malpractice Lawsuit in West Virginia?
The statute of limitations for West Virginia medical malpractice lawsuits is two years. If you fail to file a lawsuit within two years of the injury, you lose your right to damages.
Nuances exist when applying the statute of limitations. Patients don’t always discover the harm immediately. In these cases, the two-year clock starts on the date you discover or should have discovered the harm.
A 10-year statute of repose also generally limits medical malpractice claims regardless of when the injury was discovered. The law provides exceptions in certain circumstances, including cases involving fraud, concealment, or misrepresentation.
Call an Experienced West Virginia Medical Malpractice Lawyer for a Free Case Review Today
Medical malpractice can be a traumatic violation of your trust. If a healthcare provider’s negligence harmed you, you may have the right to seek compensation under West Virginia law.
Our team at Mani Ellis & Layne Accident & Injury Lawyers can help. Call a trusted West Virginia medical malpractice attorney today for a free consultation.