Medical Malpractice Lawyer in Charleston, WV

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.