Medical Malpractice

Posted on: 08-11-2010 Posted in: Areas Of Practice

West Virginia Medical Malpractice Lawyer

Charleston, WV Medical Malpractice Attorney

According to the Institute of Medicine at the National Academy of Science, medical errors are the eighth leading cause of death among Americans. If a doctor, hospital, nurse or other medical provider made a mistake that caused you or a loved one’s  injury or death in West Virginia, you need a lawyer experienced in litigating WV medical malpractice cases.  Medical malpractice is a very specialized area of personal injury law that requires exceptional skill in understanding and communicating the complex issues generally involved in medical malpractice claims.  West Law Offices has the skill and experience needed to successfully litigate a malpractice claim in light of West Virginia’s changes in its personal injury laws.  We are also dedicated to winning our clients’ malpractice cases as quickly and painlessly as possible.

Why Hire a West Virginia Medical Malpractice lawyer?

Doctors and hospitals want West Virginian’s to believe that medical negligence is rare, but the Institute of Medicine estimates that over 50,000 Americans die each year from preventable medical errors. That’s more than the total who die each year from motor vehicle accidents, breast cancer, or AIDS.  Many patients feel helpless when they’re injured by a doctor and wonder what if anything they can do if they or a loved one has been harmed by a medical error?  Unfortunately, many West Virginia lawyers no longer handle medical malpractice claims.   West Law Offices, however, does continue to represent West Virginian’s who have been injured by the medical negligence of a doctor or other health care provider.

For a free consultation, Contact a medical malpractice lawyer at West Law Offices today.  Call us toll free 1-877-943-9378. We will evaluate your medical malpractice claim, recommend what actions to take, and help you obtain the compensation you need and deserve. We will also help you make medical care safer for future patients.

WV Medical Malpractice Article of the Week

West Virginia Medical Malpractice Law – Part I

If you feel that you or someone you know has been a victim of medical malpractice, hiring a competent medical malpractice attorney is necessary to recover compensation under West Virginia law.   Below is a brief overview of medical malpractice Law in West Virginia.  However, it is advisable to contact a WV lawyer as soon as possible after you suspect medical malpractice because there are certain time limits in West Virginia called the statute of limitations that can forever bar your right to seek compensation for your injuries.

Possible signs of medical malpractice:

Do you have a medical condition that was…

  • Misdiagnosed or not diagnosed at all?
  • Became worse after receiving medical treatment?
  • Treated as if it were some other condition?
  • Became worse because of delays in receiving treatment?

During your treatment, did you…

  • Suffer from anesthesia errors?
  • Suffer as a result of radiology errors?
  • Have foreign objects left in your body?
  • Suffer harm as a result of waiting too long for medical treatment?
  • receive the wrong medication or the wrong dose?

Medical Malpractice in West Virginia

The definition of medical malpractice varies from state to state.  One reason for the variance is the difference in each state’s interpretation of “standard of care.”  “Standard of care,” in non-technical language, is the care that a competent health care provider would have provided under certain similar circumstances.  If the care that a health care provider gives falls below a state’s required standard, then medical negligence, or medical malpractice, may be established, providing the patient suffered harm (physical, mental, or moral impairment or deterioration).
West Virginia has a medical malpractice statute that applies to all WV medical malpractice claims.  West Virginia Code §55-7B-3 requires that the following elements must be proven in order to prevail in a medical malpractice claim under West Virginia Law: 

  1. The health care provider failed to exercise that degree of care, skill and learning required or expected of a reasonable, prudent health care provider in the profession or class to which the health care provider belongs acting in the same or similar circumstances; and
  2. Such failure was a proximate cause of the injury or death.

A Real Life Example of Injuries Caused by Medical Malpractice

According to CNN, Ryan and Leah Jeffers had a perfectly healthy two year old daughter, Malyia, who loved to dance, sing, and entertain.  One Sunday, the Jeffers noticed that Malyia had a fever.  Her fever continued to climb, and markings like bruises began to appear on her cheeks.  The Jeffers rushed Malyia to the emergency room.

Once the Jeffers arrived at the emergency room with Malyia, they waited five hours for her name to be called.  During this five-hour wait, Malyia’s condition worsened.  She nearly died from the intense Streptococcus A infection that she was eventually diagnosed with.

Initially, when the Jeffers first arrived at the ER, Malyia was able to walk, but became weaker while waiting to see a doctor.  Her fever climbed from 101 to 103.

According to Malyia’s parents, Ryan paced with Malyia and repeatedly asked the nurse to do something.  The ER nurse told them that Malyia had a slight fever and a rash.  Several people that came into the ER after the Jeffers arrived were treated and released.  When the dark, bruise-like patched became larger, the Jeffers approached the nurse again to no avail.  Finally, Malyia went limp in her father’s arms.

At that point, Ryan Jeffers pushed his way into the ER and pleaded for a doctor to help.  Malyia’s father asked the doctor “Does this look like a rash to you?” “No!” the doctor replied.  Tests showed that Malyia’s liver was failing and that she had a Streptococcus A infection commonly referred to as the flesh eating bacteria.  The long wait was nearly fatal.

Malyia then needed several amputations.  Her family feels these amputations would have been unnecessary if Malyia had been treated by a doctor sooner.  Malyia had both of her feet amputated, her left hand was amputated and part of her right hand, including her fingers, was amputated.

Even though Malyia’s parents have health insurance, their medical bills with co-pays are still astronomical.  They are also living in a room in the Ronald McDonald house, for which they pay $10 per day.

Malyia Jeffers and her parents lost the opportunity to live life with any real sense of normalcy.  Malyia is undergoing treatments and therapy.  Because of her special needs, she will likely need care for the rest of her life.

Here are a few questions that the Jeffers likely asked before deciding to file a medical malpractice lawsuit:

  • Should the Jeffers’ suffer extreme financial loss because the medical professionals did not exercise due care?
  • If one of Malyia’s parents decides to stay home to care for her, how will the family replace that lost income?
  • How will they take care of her needs in the future with the rising costs of healthcare?  Is there a formula or method by which future costs are estimated?
  • Who will take care of Malyia if something happens to one or both parents?
  • If Malyia will never be able to work and support herself because of the medical negligence, who will provide for her basic needs?

We will address many of these questions in Part Two of this article, which we will be posting soon.

Ask a West Virginia Medical Malpractice Attorney

For a free evaluation of your West Virginia medical malpractice claim, contact a Charleston, WV Medical Malpractice Attorney at West Law Offices toll free at 1-877-943-9378.