When doctors fail to recognize or diagnose a medical condition in time, patients suffer unnecessary pain, worsening health conditions, and sometimes fatal outcomes. If this happened to you or a loved one, you have the right to seek justice and compensation. Call (304) 720-6700 or message us online to arrange a free consultation today.
Why Clients Choose Tiano O’Dell
- Over 20 years of dedicated experience representing injured victims throughout West Virginia.
- Recognized for securing significant verdicts and settlements in complex medical malpractice cases, including a $4.98 million verdict for a missed diagnosis in an ER.
- Commitment to personalized attention, ensuring every client receives direct access to their attorney.
What are Failure to Diagnose Claims?
Failure to diagnose occurs when a medical professional does not identify a condition that a reasonably skilled doctor would have detected under similar circumstances. This negligence often delays treatment and worsens a patient’s prognosis. Common examples include:
- Missed cancer diagnoses
- Undiagnosed heart attacks or strokes
- Failure to detect infections
- Delayed diagnosis of diabetes or chronic illnesses
- Ignoring patient symptoms or test results
Under West Virginia law, medical professionals must meet a recognized standard of care. When they fail to do so, and harm results, they can be held liable for medical malpractice.
West Virginia Medical Malpractice Laws
Patients filing a medical malpractice claim in West Virginia must comply with strict legal requirements:
Statute of Limitations
You have two years from the date of injury or discovery of the malpractice to file a lawsuit (W. Va. Code § 55-7B-4).
Pre-Suit Notice
Before filing, you must provide a notice of claim and a screening certificate of merit from a qualified medical expert (W. Va. Code § 55-7B-6)
Damage Caps
West Virginia caps non-economic damages (such as pain and suffering) at $250,000, or $500,000 in cases involving death or catastrophic injury (W. Va. Code § 55-7B-8).
Proving a Failure to Diagnose Claim
To succeed in a medical malpractice lawsuit, you must prove:
- A doctor-patient relationship existed. This establishes the duty of care.
- The medical professional breached the accepted standard of care. Meaning, actions or omissions fell below what a competent provider would have done.
- The breach caused injury or worsened your condition
- You suffered measurable damages as a result, such as medical bills, lost wages, pain and suffering, etc.
Independent medical specialists are critical to these claims. An attorney will hire one to review records, analyze test results, and help build a strong case demonstrating negligence.
Types of Compensation Available
Victims of failure to diagnose may recover damages for:
- Medical expenses for corrective treatment
- Lost wages and future loss of earning capacity
- Pain, suffering, and emotional distress
- Permanent disability or reduced quality of life
- Wrongful death damages for surviving family members
Why Hire a Charleston Failure to Diagnose Attorney
Medical malpractice cases are complex, involving expert testimony, extensive medical evidence, and strict procedural rules. Attempting to handle a claim alone often results in denied compensation. A skilled failure to diagnose attorney in Charleston:
- Investigates medical records and uncovers negligence
- Retains qualified expert witnesses
- Handles negotiations with insurance companies
- Prepares for trial if a fair settlement is not offered
Hiring a Charleston, WV failure to diagnose lawyer ensures you have a powerful advocate who will protect you from settling for less than you deserve.
Contact Our Charleston, West Virginia Failure to Diagnose Attorneys Today
If you believe a doctor or hospital failed to diagnose your condition in Charleston or anywhere in West Virginia, contact us today online or by calling (304) 720-6700. Our failure to diagnose attorneys are ready to evaluate your case, explain your legal options, and help you take action to hold negligent parties accountable.
