West Virginia Medical Malpractice Attorney
Medical Malpractice & Negligence Claims
When we go to the emergency room or see our doctors for a routine checkup, we expect to receive a certain level of care. In fact, medical professionals and health care providers have a legal responsibility to provide what is known as the “acceptable standard” of care. Failure to meet this standard could constitute medical malpractice and, worse, could lead to severe patient injury and death.
At Warner Law Offices, PLLC, our West Virginia medical malpractice attorneys represent clients in personal injury and wrongful death cases arising from physician/health care provider negligence, misconduct, and error. We work closely with medical professionals and other experts to investigate, develop, and prove these complex claims.
Continue reading to learn more about medical malpractice or contact our office in Charleston at (304) 449-3505 to schedule a free, no-obligation consultation.
What Is Medical Malpractice?
Medical malpractice is conduct by a health care provider—such as a doctor, nurse, surgeon, hospital, dental office, etc.—that falls short of the acceptable standard of care. It is important to distinguish between unsuccessful treatment and negligence. A doctor may fail to successfully treat or heal a patient, but this does not necessarily constitute medical malpractice. Rather, to have a case, you must show that the physician or facility that treated you failed to do so properly and in a manner that another professional or facility would have in the same or similar circumstances.
To prove your case, our attorneys will work to establish each the following elements:
- A doctor-patient relationship existed, or you were seeking treatment at the facility where the alleged negligence took place
- The medical professional or facility failed to provide an acceptable level of care that met industry standards
- You were injured/suffered damages because of the medical professional/facility’s failure to provide an acceptable level of care
It can be difficult to know when you have a case for medical malpractice. For example, if you sought treatment for unexplained symptoms, and the attending physician was unable to provide you with a diagnosis after conducting several tests and ruling out a number of common conditions and so recommended further testing and analysis by a specialist, you likely do not have a case. In this instance, the physician did everything one could expect a reasonably qualified and competent doctor to do in the given circumstances.
However, if your doctor dismissed your symptoms and provided an inaccurate diagnosis without ordering any tests or ruling out common illnesses, only to provide you with improper treatment based on the misdiagnosis and causing you to suffer bodily injury, you could have a case. We encourage you to contact our West Virginia medical malpractice lawyers at Warner Law Offices, PLLC to learn more.
Examples of Medical Malpractice & Negligence
Medical malpractice and negligence take many forms. Any time a health care provider fails to act reasonably and/or provide a patient with an acceptable standard of care, medical malpractice has occurred.
Some common examples of medical malpractice and negligence include:
- Anesthesia errors
- Birth injuries
- Delayed diagnosis
- Delayed treatment
- Emergency room errors
- Errors in surgery
- Failure to diagnose serious illness
- Failure to diagnose cancer
- Failure to treat
- Hospital infections
- Hospital negligence
- Improper treatment
- Medication errors
- Misdiagnosis
- Nursing home abuse and neglect
- Pharmacy errors
Proving these cases can be extremely difficult. Medical providers and their insurance companies have enormous legal defense teams whose sole goal is to protect defendants against accusations of negligence and misconduct. If you believe you or a loved one may have been the victim of medical malpractice, it is absolutely critical that you contact an experienced attorney right away. You want a legal team that not only understands the law but also has access to invaluable resources, such as expert witnesses and forensic specialists, who can help prove your claim and fully litigate your case.
At Warner Law Offices, PLLC, we work with a team of experts and specialists to identify the liable party, evaluate our clients’ damages, and prove that the defendant acted negligently or wrongfully. Our award-winning attorneys have been recognized by various media outlets, news publications, and legal organizations for their successes and have earned the respect of their peers and clients alike.
With Our Experience, We Have What It Takes to Win
To win a medical malpractice case, it is necessary to present qualified expert testimony—usually from a physician with a practice and credentials similar to that of the defendant.
This testimony must indicate that the negligent treatment alleged in the complaint:
- Fell short of prevailing standards of care recognized in the profession
- Resulted in the patient’s serious injury or death
Our experience with complex medical testimony across the full range of our personal injury practice gives us an advantage in the presentation and proof of medical malpractice liability and damages. We are well-versed in the law and are prepared to aggressively advocate for you and the full, fair recovery you deserve.
Schedule a Free Initial Consultation Today
If you received substandard medical treatment from a physician, nurse, surgeon, hospital, dentist, or any other health care provider, do not wait to contact Warner Law Offices, PLLC to discuss your legal rights and options. In West Virginia, you only have two years from the date of the injury or the date on which the injury was discovered/could have been discovered to file your medical malpractice lawsuit. However, the sooner our attorneys begin investigating and building your claim, the better. It is absolutely critical that supporting evidence is gathered and documented; over time, this evidence can be lost.
Do not wait until it is too late! Reach out to Warner Law Offices, PLLC to put more than 20 years of experience and a proven record of success on your side. We provide free initial consultations and contingency fees, meaning you do not owe anything unless/until we win your case.
Call us today at (304) 449-3505 or submit a free online case evaluation form to get started.
