Hospital negligence can leave a patient facing additional treatment, lasting complications, and unanswered questions about what went wrong. A Charleston, WV hospital negligence attorney at Tiano O’Dell, PLLC can investigate the care provided and pursue accountability on your behalf. Call (304) 720-6700 or message us online for a free consultation.
Dedicated Support for Injured Patients and Their Families
- Direct attorney involvement: Clients work directly with our attorneys who remain engaged throughout the claim process.
- Focused medical investigation: We review the treatment timeline and work with qualified experts to identify safety failures.
- Straightforward case strategy: We explain the options and next steps clearly, helping families make informed decisions.
When Does Hospital Care Become Negligent?
Hospital negligence occurs when a hospital or provider fails to meet the applicable standard of care and causes injury or death. Evidence must show how appropriate care would have prevented or reduced the harm. Care failures can include:
- Ignored symptoms
- Inadequate monitoring
- Unsafe discharge
- Poor communication
- Dangerously insufficient staffing
Administrators may also cause harm by ignoring safety procedures or known incompetence.
Who May Be Legally Responsible for Hospital Negligence in Charleston?
Liability depends on each party’s relationship with the patient and role in causing the injury.
- The hospital may be liable for its own decisions and for negligent employees acting within the scope of their work.
- Physicians and nurses may face individual liability when their treatment decisions contribute to the patient’s harm.
- Contracted medical groups may answer for physicians or other providers they employ, supervise, or assign to the hospital.
- Laboratories, pharmacies, and outside providers may share responsibility when their separate actions contribute to the same injury.
Multiple parties can share responsibility when their combined conduct causes or worsens the patient’s condition.
Which West Virginia Laws Apply to Hospital Negligence Cases
Standard of Care and Causation
A claimant must prove that a provider failed to exercise the required “care, skill and learning” under West Virginia Code §55-7B-3, and that the failure proximately caused injury or death. Medical records and expert analysis often establish these elements.
Filing Deadline
West Virginia Code §55-7B-4 generally requires a hospital negligence claim to begin “within two years” of the injury or its discovery, subject to a ten-year outer limit and specific exceptions. A one-year deadline governs claims involving a distinct hospital unit that provides intermediate or skilled nursing care.
Pre-Suit Process
A notice of a claim must be served to each intended defendant “[a]t least 30 days” before filing according to West Virginia Code §55-7B-6. A screening certificate of merit must also typically be included with the notice, in which a qualified provider explains the standard of care, breach, and resulting harm.
Why Hiring a Hospital Negligence Lawyer Protects Your Interests
Hospitals and their insurers can build a defense before you or family members understand why you or a loved one declined. You may be facing incomplete explanations and arguments that the original illness caused the harm. A Charleston hospital negligence attorney can obtain evidence you may not have access to. For example, the complete chart, electronic audit trails, staffing information, internal policies, and other critical proof that identifies all responsible parties.
An experienced Charleston medical malpractice attorney also has the connections and resources to retain qualified experts, satisfy pre-suit rules, assess the full value of your case, and challenge efforts to reduce liability. As they work on your legal strategy, you or your loved one can focus on treatment and recovery.
Request a Free Hospital Negligence Consultation
Tiano O’Dell, PLLC represents patients and families harmed by preventable hospital errors in Charleston and throughout West Virginia. Call (304) 720-6700 or contact us online today for a free consultation about what happened and the legal options available.
