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.