West Virginia Injury Lawyer Blog

According to a June 28, 2010 report by CBS News, long-term diseases such as Alzheimer's, cancer, heart failure and other conditions, cause more than 80% of American deaths every year. For the families of elderly or infirmed patients, it can be difficult to stand by and do nothing while a loved one is suffering. The same is true for many caring doctors and medical professionals who make every effort to save people's lives in their last days.

In the weeks or months leading up to death, the vast majority of ill patients opt for radical procedures like radiation, chemotherapy and experimental treatments in an effort to prolong life. However, the CBS News report claims that these treatments can actually cause more pain than the patient may have had if he would have chosen to live out his last days without drastic medical measures.

Our desire to live is stronger than our common sense, however, in many cases, says the report. But this desperation to save your own life or the life of a loved one can lead to medical mistakes as well as increased suffering. In many cases, families that push for radical procedures end up suing the doctor or medical staff who failed to take the proper precautions when administering such treatments.

If you have experienced the wrongful death of a loved one due to medical malpractice, contact an experienced lawyer in West Virginia. Only an attorney can tell you whether or not you have a valid case. Medical malpractice can be very tough to prove and you will need a legal professional on your side in order to recover damages.

Medical malpractice cases are defined as those in which a patient suffers harm due to the negligence or willful action of a doctor, nurse or other medical professional. Health care providers have the responsibility to provide a basic level of care that is widely accepted in the medical field for any given situation. Doctors must act with reasonable care when administering drugs, performing procedures and treating and advising patients. If proper procedures are not followed, medical malpractice lawsuits are often filed in an effort to recover damages for injuries suffered as a result.

Determining medical malpractice can be tricky, however. Just because you have a negative side effect from a drug a doctor prescribes or because you don't get better after surgery does not necessarily mean you have grounds for a medical malpractice case. These cases often require complete documentation of the medical history, outside research and expert testimony from witnesses and other medical professionals. Further, you must prove that the doctor's breach of the standard of care needed directly resulted in tangible harm or injury.

If you believe that you or someone you care about has been injured by the negligence of a doctor or other medical professional, it's at least worth consulting a personal injury attorney in West Virginia to speak about your case. Most attorneys work on a contingency fee, which means that you don't have to pay for legal assistance until you recover money for your injuries. If a lawyer believes you have a case, he or she will work for you to fight for your rights and will take a fee after a settlement is reached. For many people who can't afford legal representation on their own, this is an ideal way to reach a successful conclusion in a medical malpractice case.

Medical malpractice lawsuits in West Virginia can be tough to pursue. In these types of cases, a personal injury attorney must prove that the victim suffered a significant injury or wrongful death after a negligent act or omission by a doctor (or other medical professional).

Intentional torts are not considered under this category; instead, crimes like assault by a doctor, threats of harm by a medical staffer or battery from a medical worker can be pursued in civil litigation or criminal court, depending on the circumstances. It takes an aggressive lawyer in order to pursue hospitals, doctors or other medical personnel for injuries sustained at their hands, but it can be done.

Compensation for Medical Malpractice
Negligent actions by a doctor can cause serious and even fatal injuries. Under the law, patients who suffer needlessly are entitled to various types of compensation, including medical expenses, pain and suffering, lost wages, loss of consortium (payments for the loss of a spouse's ability to work) and more.

Damages are designed to put the victim back (or as closely as possible) in the same position as he/she was in prior to being hurt. If there is a permanent injury or ongoing injury, you may also be entitled to further payments for future lost wages, compensation for disfigurement or dismemberment or emotional distress.

Medical malpractice suits require a skilled personal injury lawyer in order to be successful. Especially when you're dealing with pharmaceuticals companies or large corporations like hospitals, it can be a very long road to success. It's important that you keep accurate records, get outside medical opinions, note lost work days and document each step of the recovery process.

Even in a seemingly open-and-shut medical malpractice case in West Virginia, it is crucial that you have an experienced medical malpractice attorney on your side. If you've been hurt due to medical negligence and an insurance company is offering you an immediate settlement, that means that they realize their client's negligence in the matter and want to minimize the damages as quickly as possible.

Some insurance adjusters will even show up at the hospital in the hopes of having you sign paperwork while you're still recovering. This is why having a knowledgeable lawyer is so important. When you're still healing from a medical mistake, you might make errors or have poor judgment when it comes to your best interests. A lawyer knows how to protect you from a rushed settlement that may not cover all your damages.

Understanding the Effects of Accepting an Insurance Settlement
In a medical malpractice case, a settlement is essentially an admission of fault or guilt on the part of the healthcare provider. Even if the wording of the settlement is such that the company doesn't accept or acknowledge fault, they wouldn't be settling with you if they didn't see a reason to pay for your injury. When you sign a settlement agreement and cash the check, you are releasing all your rights to pursue the healthcare provider in the future, even if you discover other injuries or your problem gets worse.

Most malpractice is unintentional; the doctor or healthcare provider wasn't trying to purposely hurt you. However, the fact remains that when you have an injury through no fault of your own, you have rights. A malpractice lawyer can sort through all the red tape to evaluate a settlement offer thoroughly to ensure you're getting all you deserve.

In West Virginia, medical malpractice claims can be filed against practitioners in all areas of the healthcare field, from dentistry to emergency care. In this state, claims must be filed within two years of injury or the date from which the injury should reasonably have been detected. West Virginia caps medical malpractice limits at $250,000 for non-economic damages and $500,000 for cases involving wrongful death or permanent disability. Physicians must carry liability insurance of at least $1 million in order to qualify for these caps.

What Is Medical Malpractice, Exactly?
Medical malpractice is the negligent disregard (either through action or non-action) of the industry standard for health care that causes injury to a patient. Malpractice suits can be filed against a doctor, nurse, dentist or other medical/healthcare worker who is negligent in his or her duties as a professional caregiver.

Establishing Your Case
In order to establish a medical malpractice lawsuit in West Virginia, a personal injury lawyer must prove two things. First, a lawyer must prove that standard, industry-accepted procedure for your condition was not followed or was ignored. Second, your attorney must prove that injury or harm was the result of this negligence.

Although this may seem straightforward, medical malpractice cases are notoriously thorny to prosecute because of the nature of the industry and sheer size of healthcare corporations. If you think you have a case, it's vital that you contact an experienced personal injury lawyer who knows the intricate legal details surrounding medical malpractice claims. These lawsuits can take a very long time and can cost a great deal, so it is also important to choose counsel who will work on a contingent-fee basis.