Medical errors can have devastating consequences. When a doctor, nurse, or other healthcare provider makes a mistake, patients can suffer serious injuries, permanent disabilities, or even wrongful death.
Medical malpractice is more common than many realize. By understanding real-world examples, patients can better protect themselves and learn from the lessons of past cases.
What is Medical Malpractice?
Medical malpractice refers to professional negligence by a healthcare provider that causes injury or death. To prove malpractice, four key elements must be shown:
- A duty was owed – the provider had a doctor-patient relationship with you.
- The duty was breached – the provider failed to meet the accepted standard of care.
- The breach caused an injury – you suffered harm as a direct result.
- Damages occurred – you experienced losses that can be compensated.
Many kinds of healthcare professionals can commit malpractice, including doctors, nurses, dentists, chiropractors, therapists, pharmacists, and more. A misdiagnosis, surgical mistake, medication error, or delayed treatment could support a malpractice claim.
Examples of Medical Malpractice in West Virginia
Medical negligence can take many forms. Here are some of the most common situations we see:
- Birth injuries – when errors during labor and delivery cause harm to the baby, such as cerebral palsy, nerve damage, or fractures.
- Surgical mistakes – like operating on the wrong body part or leaving surgical equipment inside a patient.
- Misdiagnosis – failing to diagnose a condition or diagnosing a condition incorrectly. This can lead to delayed treatment.
- Medication errors – giving the wrong drug or wrong dose. This includes anesthesia errors.
- Nursing home abuse or neglect – If the care provided in a nursing home is inadequate.
These heartbreaking cases happen more often than they should. But when they do, personal injury attorneys help victims get accountability.
Statute of Limitations for Medical Malpractice
If you want to file a malpractice lawsuit, time is important. West Virginia law sets strict deadlines, called the statute of limitations.
For adults, you normally have two years from the date of injury to file a claim. But for minors injured before age 10, that period is longer – two years or until their 12th birthday, whichever is longer.
The law also requires a “Screening Certificate of Merit” and 30-day notice before filing suit. So, it’s crucial to act quickly and consult a medical malpractice attorney.
Caps on Damages – What You Need to Know
One complexity in West Virginia is that damage awards in malpractice cases are capped. There are limits on “non-economic damages” like pain and suffering.
The caps prevent seriously injured victims from being fully compensated. Attorneys fight to maximize compensation under the law. But damage caps can lead to injustice.
Learning from Past Cases: Insights from the Front Lines
Understanding how medical malpractice cases have unfolded for others can provide hope and direction. Here are some examples of medical malpractice cases in West Virginia:
- Rodgers v. Dr. John Orphanos: A jury in West Virginia awarded more than $17 million in a medical malpractice lawsuit to Michael Rodgers, who was left paralyzed after undergoing spinal surgery and later suffered a stroke. The lawsuit claimed that the neurosurgeon failed to order a pre-surgical MRI and didn’t use a surgical monitoring device.
- Vocal Cord Paralysis From Thyroidectomy: Another case in West Virginia involved a 38-year-old woman who underwent a thyroidectomy during which the doctor severed her laryngeal nerves, causing vocal cord paralysis and necessitating a permanent tracheotomy. The jury awarded her over $5.7 million, but due to West Virginia’s cap on non-economic damages in medical malpractice cases, her award was significantly reduced. This case highlights the controversial issue of damage caps in medical malpractice cases and the potential injustice it can cause to victims.
- Nursing home appeals: A case involving the Heartland of Charleston nursing home resulted in a $90 million jury award after the facility failed to provide adequate care to an 87-year-old resident, leading to her death from severe dehydration. This case brought to light the issues of nursing home negligence and the potential for large jury awards to be reduced due to statutory caps on damages.
As these cases show, the road to justice has twists and turns. With compassionate, strategic counsel, medical malpractice victims can hold wrongdoers fully accountable.
Why Legal Representation Matters in Medical Malpractice Cases
Pursuing a malpractice claim is complex. You need a knowledgeable attorney on your side. Here’s how a medical malpractice lawyer can help:
- To build your case, conduct a thorough investigation
- Obtain all necessary medical records and expert opinions
- Calculate and document your full losses
- Handle negotiations with insurance companies
- File your claim before the deadline passes
- Advocate aggressively in court if a fair settlement can’t be reached
The attorneys at Miley Legal in Clarksburg, WV, have the resources and dedication to fight for you. With their help, you can focus on healing while they handle the legal process.
Choosing the Right Guide to Lead You Through the Legal Wilderness
Pursuing a medical malpractice claim takes courage. Standing up to powerful institutions and fighting for the full value of life requires a fierce advocate.
Miley Legal approaches every client’s story with compassion. For decades, they’ve helped injured patients and grieving families find meaning, justice, and closure after medical negligence. Located in Clarksburg and Morgantown, their dedicated West Virginia injury attorneys offer wise guidance grounded in extensive experience.
Start your journey with a free, no-obligation consultation. Contact their team online to discuss your case in confidence.