It is considered as personal injury if the injury you incurred was due to reckless, negligent, and careless wrongful acts of another. As a result, you suffered a serious injury, bodily harm, or even wrongful death which caused pain and suffering to you and your family, along with the financial struggle and medical expenses serious injuries can bring because of the treatment, surgeries, and rehabilitation it might entail. Personal Injury Law covers all kinds of injuries that may be caused to a person such as slip and fall accidents, auto collisions like car accidents, motorcycle accidents, truck accidents, train accidents, bus accidents, and many more. Talking with a Wheeling personal injury attorney can better help you understand if you have a personal injury case in your hands.
What is Medical Malpractice in West Virginia?
It is considered medical malpractice when a patient is harmed by a doctor or any other medical experts and personnel. The injury or death can be caused by medical mistakes or negligence such as failure to exercise the proper medical procedure, medical care, and other kinds of medical error a medical expert may cause.
West Virginia Requisites for a Malpractice Claim
To prove that medical malpractice happened, the following elements must be shown:
- There is a doctor-patient relationship – the claimant must be a patient and treated by a doctor before he can file a negligence claim. An existing relationship must be present, it is not enough if you just overhear a remedy given by the doctor to another person and decide to practice it. If the doctor did not treat you, you cannot file a negligence claim against him since the element of there being a doctor-patient relationship is absent.
- The doctor or medical expert was negligent – being unhappy and unsatisfied with your treatment does not mean that medical malpractice occurred. Medical negligence and medical errors must have happened in your treatment or diagnosis. Medical malpractice lawsuits require you to submit evidence, showing that the mistake done in your treatment would not be caused by a prudent doctor in a daily course of business. A standard of care must be violated by the doctor before it can be deemed as negligent care.
- Such negligence is the reason for the injury – there must be sufficient proof that an injury or harm was caused when the doctor negligently treated the patient. The quantum of evidence must be satisfied for the negligence case to prosper hence, having medical malpractice to help you is recommended.
- You suffered damages due to the injury – you cannot file a malpractice lawsuit even if the doctor was indeed negligent in your medical treatment if you did not suffer any damage or injury. You must have experienced the following before you can file a lawsuit:
- Mental anguish
- Physical pain like pain on top of the shoulder
- Medical bills
- Loss of work and lost wages
- Other analogous circumstances caused by negligence or malpractice.
Types of Medical Malpractice in West Virginia
While several situations can be a cause of medical negligence claims, the following reasons are the most common cause of such injury claims:
- Failure to diagnose – if your case would have been discovered by a competent and careful doctor which could have been remedied and treated better and earlier, the patient can file an injury claim against the doctor.
- Failure to notify the patient of the risks involved – a doctor must inform the patient of the risks involved in his or her treatment. Failure to do so is considered as a breach of duty and the doctor may be liable for medical malpractice if the patient decides to go with the treatment and was injured without knowing the risk of the procedure.
- Improper treatment and giving the wrong prescription – if the medical professional caused an injury to the patient due to his failure to practice reasonable care or act within the standard duty of care required to the treatment which any other competent doctor would have done, malpractice cases may prosper.
Statute of Limitations in West Virginia
Injury cases must be filed before the prescriptive period – the statutes of limitations in West Virginia require you to file your medical malpractice lawsuit within two years of discovery of the injury. Failure to file the claim within the prescribed time will subject your case to dismissal. Get in touch with a personal injury in Wheeling to help you out right away.
How can Medical Malpractice Lawyers help you?
Medical malpractice laws are considered complex, and it is essential to get representation or advice from a malpractice attorney. There are various types of medical malpractice cases that you may face, and those cases require negotiating with other people like hospitals and insurance agencies. Personal injury cases will require you to present evidence in court and a personal injury attorney will review, investigate, and gather all the necessary aspects of the incident. Having an experienced personal injury lawyer in Wheeling, WV beside you helps in making sure you are well compensated for your injuries. Our injury attorneys also handle work injury, hit and run, and other matters related to personal injury law. Call our personal injury law firm for a free legal consultation. At Ghaphery Law, we have your best interests at heart.