Medical malpractice occurs when a healthcare professional fails to uphold their responsibility to provide an acceptable standard of care, resulting in harm to a patient. When this happens, patients (and sometimes their families) have the right to bring a personal injury claim and seek compensation for their injuries.
Examples of medical malpractice include:
- Misdiagnosis or delayed diagnosis
- Hospital negligence
- Birth injuries
- Surgical errors
- Medication errors
- Informed consent issues
- Failure to treat
Determining whether you have been a victim of medical malpractice involves assessing whether the care you received fell below the accepted medical standards and directly caused you harm. If you experience adverse outcomes that align with avoidable errors, such as receiving the wrong treatment, enduring unnecessary pain, or suffering from prolonged complications due to negligence, it may indicate malpractice.
Consult a qualified medical malpractice attorney to help clarify your situation and guide you through the legal process.
Establishing a Case
To establish a medical malpractice case, the plaintiff must demonstrate that the healthcare provider deviated from the accepted norms within the medical community, resulting in injury. In West Virginia, the statute of limitations for filing a medical malpractice claim is generally two years from the date of the injury. However, this timeline can vary based on specific circumstances or the discovery of the injury after the fact.
Exceptions to the Statute of Limitations
There are exceptions to the statute of limitations. For instance, if the injured party was a minor at the time of the malpractice or if the malpractice was undiscoverable or concealed, the time frame for filing may be extended. If you believe you have grounds for an extension of the statute of limitations, you are encouraged to consult with an experienced attorney, like ours, at Katz Kantor Stonestreet & Buckner, PLLC.
Remember, timely filing is critical in a medical malpractice case, and an attorney can help you assess whether moving forward with a claim is in your best interest.
What to Do If You Have Been a Victim of Medical Malpractice After a Car Accident
Experiencing medical malpractice following a car accident can be a complicated situation, as it potentially involves multiple personal injury claims against multiple parties. These cases are also incredibly complicated as you will be dealing with identifying the injuries caused by the accident as well as subsequent injuries caused by malpractice.
If you suspect you have been a victim of medical malpractice after receiving treatment for injuries related to a car accident, consider the following steps:
- Document your care: Keep thorough records of all treatments received, including medical bills, prescriptions, and notes from healthcare providers. Family and friends can be helpful in the documentation process, so don't be afraid to ask for help.
- Seek an independent medical opinion: Consulting with another healthcare professional unrelated to where you initially received care can help assess whether your treatment met the accepted standard of care and if any deviations led to further harm.
- Consult an attorney: Speak with a seasoned medical malpractice attorney who can evaluate your situation and guide you through the legal avenues available.
Can You Bring a Claim Against the Medical Provider While Also Bringing a Claim for Your Car Accident?
Yes, it is possible to pursue a claim for medical malpractice against your healthcare provider while simultaneously seeking compensation for your car accident injuries. Each claim addresses different aspects of your situation: the car accident claim focuses on the negligence of the driver responsible for the collision, while the medical malpractice claim pertains to any failures in the care you received afterward.
Please note: pursuing both claims can be complex, and it is strongly recommended that you hire an attorney experienced in both types of personal injury cases.
Katz Kantor Stonestreet & Buckner, PLLC is a full-service personal injury law firm serving injured parties in Florida. With over 100 years of combined experience, our attorneys have the knowledge, experience, and resources to help injured victims in these complex situations.
Contact us online to schedule a consultation and discuss your options.