What Is Considered Medical Malpractice?
Medical malpractice or negligence occurs when medical professionals fail to meet the standard of care expected of them. To be successful in a medical malpractice claim, you must show that a medical professional failed to act with a reasonable degree of care and skill. This failure is called a breach of duty and can be an action or a failure to act. According to a recent study by Johns Hopkins University School of Medicine, medical malpractice accounts for one of the top three causes of avoidable deaths across the United States.
Medical Malpractice Cases We Handle
At Katz, Kantor, Stonestreet & Buckner, our Beckley team of medical malpractice lawyers understands that each case is unique and requires personal attention. As passionate advocates for our clients, we strive to provide comprehensive legal guidance throughout the entire legal process.
We handle the following types of cases:
- Birth injuries
- Cerebral palsy
- Hospital negligence
- Misdiagnosis
- Surgical errors
- Medication errors
- Anesthesia errors
- Nursing home negligence
With years of experience representing Beckley victims of medical malpractice, we have the experience and knowledge to help you navigate complex legal issues and pursue the best outcome for you.
Filing a Medical Malpractice Lawsuit in West Virginia
The first step in filing your lawsuit is determining whether your particular situation constitutes medical malpractice or medical negligence under the West Virginia Medical Professional Liability Act. Chapter 55, Article 7B of West Virginia Code discusses the topic of medical professional liability and addresses a patient’s right to compensation as a result of negligently performed medical care.
In West Virginia, medical malpractice claims are filed under three main categories:
- Economic – Referring to the cost of tangible damages that can be calculated, such as medical bills, lost wages, etc.
- Non-economic – Refers to the cost of non-tangible damages that the plaintiff has endured such as physical pain, suffering, emotional trauma, and mental distress.
- Punitive-Referring to gross negligence, reckless conduct or malice. These are less common claims in medical malpractice actions, but may arise in cases of blatant disregard to the wellbeing of a patient during a medical procedure, or when a medical provider actually intended to cause harm to a patient.
What Is West Virginia’s Statute of Limitations on Medical Malpractice?
West Virginia law states that medical malpractice claims against a health care provider are subject to a two-year statute of limitations. However, claims against nursing homes, assisted living facilities or a distinct part of an acute care hospital providing intermediate care or skilled nursing care are subject to a one-year statute of limitations. According to statute, claims for injury to a minor child who was under the age of 10 years at the time of such injury must be commenced within two years of the date of such injury, or prior to the minor’s 12th birthday, whichever provides the longer period. West Virginia also applies a discovery rule that may toll (extend) the statute of limitations depending on the specific facts of the case.
The determination of whether the discovery rule applies to a statute of limitations requires a fact intensive process. So, it is important to speak with an experienced Beckley personal injury lawyer to determine whether your claim may be tolled by the discovery rule. Another rule that may toll the statute of limitations is when the defendant fraudulently concealed facts which prevented the Plaintiff from discovering or pursuing the potential cause of action. To ensure you have a full understanding of the time frame to file your case, consulting with an experienced medical malpractice attorney may be in your best interest.
Contact Our Medical Malpractice Attorneys in Beckley
When it comes to medical malpractice, it's important to have an experienced team on your side. If you're in Beckley and have been injured or lost a loved one due to a medical professional's mistake, don't suffer in silence. Our team at Katz, Kantor, Stonestreet & Buckner is here to help you seek the compensation you deserve for your pain and suffering, medical costs, and other damages.
Don't go through this alone. Contact us today at (304) 713-2014 or send us a message online.
