Fayetteville Medical Malpractice Attorney

Physicians and other medical professionals have a legal duty to their patients to provide them with a level of care that is reasonably safe and compliant with regulatory standards. Negligent medical treatment, also known as medical malpractice, occurs when a medical professional deviates from the standard of care. If you or your loved one have been injured by medical malpractice, you may be entitled to compensation through a personal injury lawsuit.

Discuss Your Case With a Medical Malpractice Attorney 

The experienced and compassionate Kanawha County, Fayette County, Summers County and Raleigh County medical malpractice attorneys at Hewitt & Salvatore PLLC are here to help. We have the resources and experience necessary to handle the toughest medical malpractice cases. Our skilled medical malpractice attorneys offer clients a confidential and complimentary case evaluation to help them better understand their legal options. Contact Hewitt & Salvatore PLLC today to schedule your free case review.

Types of Medical Malpractice Cases We Handle

Medical malpractice is a large category that includes an almost endless list of mistakes that physicians and other medical providers can make. Lawsuits include any case in which a doctor or medical professional doesn’t use reasonable care when treating a patient, causing the patient’s injury. However, some medical malpractice incidents are more common than others. At Hewitt & Salvatore PLLC, our medical malpractice attorneys represent clients in a wide range of cases, including the following:

  •  Diagnostic errors, such as failure to diagnose properly and delayed diagnosis
  •  Medication errors involving a faulty prescription
  •  Pharmaceutical errors
  •  Doctors or nurses administering an incorrect medication or dose
  •  Surgical errors such as leaving objects behind or wrong-procedure errors
  •  Anesthesia errors that occur during surgical procedures
  •  Birth injuries ranging from failure to diagnose to misuse of birthing tools
  •  Failure to provide reasonable care for patients recovering from surgery

In addition to the cases mentioned above, there are dozens of other possible scenarios that may qualify as medical malpractice under West Virginia’s laws. If you are unsure whether your case qualifies as a case, speak to a Raleigh County, Fayetteville, and Beckley medical malpractice attorney at Hewitt & Salvatore PLLC as soon as possible. We will listen carefully to your situation and help you understand your legal rights as an injured patient.

West Virginia Medical Malpractice Laws

In order for a West Virginia court to decide upon your claim, you will need to meet West Virginia’s medical expert witness requirements. The plaintiff who files a lawsuit must call at least one witness who is “engaged or qualified in the same or substantially similar medical field as the defendant” to establish and prove that the defendant failed to meet the standard of care in the case.

Comparative Negligence

In Virginia, claims are governed by a legal rule called comparative negligence. If the court decides that the plaintiff’s percentage of responsibility is equal to or greater than the negligence of the defendant, he or she will not be able to bring a lawsuit. West Virginia courts will reduce the plaintiff’s damages by the proportion of their own fault. We recommend working with an experienced medical malpractice attorney who can gather sufficient evidence to show that you were not at fault for your injuries so you can recover the best amount of damages possible in your case.

File Your Medical Malpractice Claim on Time

These cases are unique because there are many special rules and procedures that can make them complicated and difficult to manage without the help of an attorney. One of those rules is called a statute of limitations. According to West Virginia’s statute of limitations, individuals who’ve been injured by medical malpractice have two years from the date of the incident or the date of discovery of their injury to file a lawsuit. 

If your loved one died as a result of medical malpractice, you will have two years from the date of your loved one’s death to file a lawsuit. When a child under the age of 10 becomes injured, he or she will have two years from the date of the injury or before the child’s 12th birthday to file, whichever is longer. If you fail to follow your lawsuit before the statute of limitations, the court will prohibit you from filing your lawsuit and you will not be able to recover compensation through a personal injury lawsuit.

Joint and Several Liability 

West Virginia courts recognize joint and several liability. If you bring a lawsuit against multiple defendants, such as the emergency room physician, surgeon, nurse, and other employees of the hospital, you will be able to recover the entire damages amount from all or one of the defendants if the court rules in your favor. The joint and several liability rule gives you a greater possibility of recovering damages because if one or more of the defendants cannot pay, you can collect the entire amount of damages from a single defendant who can pay.

Damages Available in Medical Malpractice Lawsuits

Successful plaintiffs in medical malpractice cases can recover economic, non-economic, and punitive damages. Economic damages, also known as special damages, cover damages with specific economic values. Your past and future medical bills, your lost wages, your medication, and any other tangible expense can be recovered through economic damages. You will also be entitled to non-economic damages or general damages. These damages don’t have a tangible amount associated with them and include your physical pain, mental anguish or stress, emotional suffering, loss of enjoyment of life, and more. 

In some cases, plaintiffs can seek to recover additional punitive damages. The plaintiff must prove that the defendant intended to cause harm or acted in a grossly negligent or reckless way. Virginia puts limits, or caps, on the amount of damages when it can recover in medical malpractice cases. Currently, a plaintiff can recover up to $250,000 per occurrence for non-economic damages and $500,000 if the medical malpractice resulted in catastrophic injuries or wrongful death. There is no cap on economic damages, however.

Our West Virginia Medical Malpractice Attorneys Can Help

If you believe that your loved one has suffered an injury due to medical malpractice, please contact Hewitt & Salvatore PLLC as soon as possible. We will carefully review your medical records and determine whether you have a provable case and whether it’s economically feasible to prosecute your case. Our trial-ready attorneys are prepared to work diligently for the best outcome possible in your case. Contact us today to schedule your free case evaluation with a skilled West Virginia medical malpractice attorney.

Hewitt & Salvatore PLLC attorneys help clients with medical malpractice needs in Summers County, Fayette County, Raleigh County, Kanawha County, Fayetteville, Beckley, and throughout West Virginia.