Medical Malpractice in Charleston, WV
Medical malpractice arises when a qualified Charleston, West Virginia doctor or medical facility harms a patient. There are different medical malpractice laws per state, so you should carefully review your state’s laws to determine whether you have a case. These laws can influence the statute of limitations for filing a medical negligence claim. Additionally, they can dictate whether you have to notify the doctor or medical facility beforehand.
What Evidence Do I Need for Charleston, West Virginia Medical Malpractice Claims?
The burden of proof falls on the injured party in filing a medical malpractice claim. To prove your case, there are several conditions you must establish. An experienced Charleston, WV medical malpractice lawyer can guide you through this entire process.
While there can be some differences in details based on the state in which you file your claim, there are some standard benchmarks to try and hit.
- There was a working relationship between the doctor and the patient.
- There was negligence on behalf of the doctor – You must prove the doctor was negligent in his or her diagnosis. You cannot sue a doctor for medical malpractice simply because you did not like their treatment or diagnosis.
- There needs to be cause and effect – Cases usually involve long-term injuries. You must prove the injuries referenced in the claim are a direct result of the doctor’s care and not because of any pre-existing condition.
- The injury represented in the claim led to further injury – You cannot sue for malpractice unless you suffer a direct injury. There are multiple types of pain that a patient can sue for currently.
Charleston plaintiffs must follow several requirements before filing a medical malpractice lawsuit. Under West Virginia law, the plaintiff must send a notice to all defendants at least 30 days prior to filing. The notice should include the grounds for the suit and the names of all involved health care providers. In addition, the plaintiff must also provide the defendants with a Screening Certificate of Merit. The person executing this certificate must meet the state’s qualifications for an expert witness.
You may wonder if you can also sue the Charleston hospital or facility where the doctor works. In most situations, you cannot sue a hospital for the malpractice of a doctor. Most doctors are independent contractors, which absolves hospitals from liability. Nurses and other hospital staff are direct employees, so if the malpractice occurs through one of them, then there are grounds to sue the facility. So, unless the doctor is directly employed by the Charleston, West Virginia hospital or facility, they are not liable.
The Varying Types of Medical Malpractice
As long as you meet the conditions to file, you have grounds to file a claim, but you will need to decide in which category your claim falls. The most common categories include the following:
- Wrongful treatment – A doctor treats you poorly and in a way that no other credible medical professional would.
- Failure to diagnose correct illness – The doctor misdiagnosed your malady and caused an injury.
- Failure to disclose risks to patients – The doctor fails to inform you of the medical risks. Or, they did not carry out their duty of informed consent. As a result, their inaction prevented you from making an informed decision about the medical procedure or treatment.
There are additional categories or reasons for filing a lawsuit, such as the following doctor errors:
- Misreading or ignoring test results from the lab
- Making surgical errors
- Not following up properly or not offering adequate post-care
- Performing unnecessary procedures or surgeries
Damages Available in Charleston, WV
There are three types of damages a court will award for medical malpractice.
- General damages – Compensation for physical or mental suffering due to the negligent actions of the doctor
- Punitive Damages – Damages awarded as punishment for the medical professional or facility at fault
- Special Damages – Damages for expenses from medical bills and lost wages
West Virginia does not limit economic damages for actual costs, such as medical bills or lost wages. However, West Virginia statute does limit the amount of noneconomic damages that a Charleston plaintiff can receive in a medical malpractice case. Most cases have a cap of $250,000, with annual adjustments for inflation. However, for cases involving death or catastrophic injury, the limit increases to $500,000. In addition, West Virginia courts permit punitive damages if the defendant acted with malice or reckless indifference.
Statute of Limitations
Medical malpractice claims carry a strict statute of limitations, which vary depending on the state. If you do not file the claim within the statute of limitations, the court will dismiss the case with prejudice regardless of the facts.
West Virginia has a 2 year statute of limitations for Charleston medical malpractice cases. The 2 year period typically begins at the time of the injury. However, the plaintiff can show that they were not aware of the injury until later. In that situation, the clock may start on the date they found out about the injury.
Medical Malpractice Review Panels
In some states, you must first submit your claim to a review panel of medical experts. The panel hears the evidence and expert testimony to decide whether malpractice occurred. Keep in mind, their decision does not equate to a court’s decision, but the panel is often a necessary step in building toward a lawsuit. Furthermore, it can lend significant credibility to a claim. The findings of the review panel will make their way to court, and the court often references them to influence its ruling.
West Virginia does not mandate a medical review panel prior to a malpractice lawsuit. However, Charleston doctors may be subject to a separate administrative process through the West Virginia Board of Medicine. The Board investigates complaints against physicians and can impose sanctions. For instance, they can issue the suspension of a medical license. West Virginia also has similar agencies that handle complaints against other practitioners.
Do I Need to Hire an Attorney?
Medical malpractice claims in Charleston, West Virginia can be complex and difficult to prove. It can be an overwhelming task, especially if you are still suffering as a result of the doctor’s actions. We recommend consulting with a personal injury attorney or an attorney in Charleston that has a focus on medical malpractice.
A medical malpractice attorney can help you in many ways to put together your case. Working with an attorney means he or she will often do the following:
- Build your case
- Collect important evidence
- Find expert witnesses to testify on your behalf
- Help you prepare for the malpractice review panel
- Take your claim to court
Work with an Experienced Local Lawyer in Charleston, West Virginia
Since your case is incredibly important to you, it makes sense to seek legal help. You should at minimum consult with a qualified Charleston attorney who is familiar with such cases. We can even help you connect with an attorney across West Virginia state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!