When medical professionals and entities provide negligent care and treatment that causes patient injuries, all responsible parties should be held accountable. We trust hospitals, clinics, doctors, and nurses to provide competent, safe, and effective medical care. We also expect to be fully informed of our medical rights and all risks and side effects associated with medical treatment, procedures, and pharmaceuticals. Unfortunately, when hospitals decide to put profits ahead of high-quality care and medical professionals provide substandard treatment, patients’ health and well-being are put at risk.
If you or a loved one has been injured as a result of medical malpractice, the attorneys at Tiano O’Dell, PLLC, can help. You may not know if your injuries are the result of negligent medical care, and that’s okay. Our attorneys are experienced medical malpractice attorneys, and they provide free consultations and case evaluations. We will meet with you, talk with you about your medical care experience, and go over your injuries and damages. Our attorneys will also answer any questions that you have and discuss your potential legal recovery options.
Why Choose Us?
- Our Charleston, West Virginia personal injury attorneys know that negligent medical care can cause severe health problems, require follow-up treatment and surgeries, and result in significant medical bills. We know that you and your family might be facing other challenges as well, and we want to help. We will manage all of the legal aspects of your claim so that you can focus on your family and your recovery.
- Our law firm is committed to giving back to our community and helping injured clients in Charleston and across West Virginia get the legal results and remedies they deserve. We provide personalized legal services to every client, and our attorneys are available to communicate with and support our clients throughout the legal process.
- Between your medical expenses, missed work, injuries, and other complications, we do not want to add to the stress and challenges you and your family are facing. Medical malpractice cases are expensive to investigate and pursue, so our attorneys take all medical malpractice cases on a contingency fee basis. You will not be required to pay any attorneys’ fees until we have helped you secure compensation for your losses.
Proving Medical Malpractice in Charleston
Our attorneys know how to conduct thorough, efficient, and practical investigations to determine if medical negligence occurred and which parties were responsible. Medical negligence happens when patients receive care and treatment that falls below the accepted medical standard of care. In general, the medical standard of care is based on the care and services that other similarly situated medical professionals would have provided under the same circumstances.
In addition to proving medical negligence, you must also demonstrate that the injuries and damages you sustained were caused by negligent care. In other words, you must show that, but for the negligent care you received, you would not have suffered the injuries and damages that you sustained. Proving medical malpractice cases can be difficult, but our attorneys can make the process easier because we have the experience, resources, knowledge, and medical expert contacts necessary to pursue your claim.
Common Types of Medical Malpractice Cases in Charleston
Medical negligence can occur in any medical setting, including in the doctor’s office, laboratory, hospital, surgical center, emergency room, and rehabilitation facility. Common types of medical malpractice cases that we handle include the following:
- Surgical errors
- Delayed diagnosis
- Failure to diagnose
- Lack of informed consent
- Birth injuries
- Anesthesia errors
- Negligent follow-up care
What Compensation is Available in a Medical Malpractice Lawsuit?
Compensation in medical malpractice cases generally depends on the extent of your physical injuries, emotional damages, and related out-of-pocket expenses. In terms of your physical injuries, the more severe your injuries are, the more your compensation will typically be due to higher medical expenses and emotional damages. For example, if you suffered significant injuries due to medical malpractice that require long-term medical care and future surgeries and treatment, your compensation will include your anticipated future medical costs. It will also include the pain and suffering you have experienced and the long-term pain and suffering you will continue to experience. If your injuries are permanent or they are expected to impact your life expectancy and quality of life, your compensation will include increased emotional damages, such as mental anguish and decreased quality of life.
Medical Malpractice Resulting in Wrongful Death
Unfortunately, sometimes medical negligence causes fatal injuries. Whether the negligence resulted in a patient’s death right away or caused such significant health problems that the patient eventually succumbed to his or her injuries, surviving family members may have a claim for wrongful death compensation. If you lost a loved one to medical negligence, your wrongful death claim will involve compensation for the losses that you and other surviving family members have suffered.
Wrongful death recoveries include compensation for monetary damages, such as funeral expenses and medical bills. You can also recover compensation for the loss of your loved one’s financial support and benefits and the value of the decedent’s household services. Emotional damages are also recoverable in wrongful death claims, such as loss of companionship and society, mental anguish, and sorrow.
Will I Have to Go To Trial For My Medical Malpractice Lawsuit?
Our attorneys negotiate with defendants and their insurance companies on behalf of our injured clients. We successfully resolve many of our injury claims before trial, but we never settle claims that we think are inadequate and unfair to our clients. Our injury attorneys are trial attorneys who will ensure that your case is trial-ready in case settlement negotiations are unsuccessful. When our attorneys represent you, your compensation and financial well-being are our priority, and we will not hesitate to go to trial if we think that it is in your best financial interests to do so.
Major Hospitals in the Charleston Area
- Charleston Area Medical Center (CAMC)
- Charleston Surgical Hospital
- Highland Hospital
- Marmet Hospital for Crippled Children
- Montgomery General Hospital
- St. Frances Hospital
- Select Specialty Hospital – Charleston
- Thomas Memorial Hospital
Contact Our Charleston, WV Medical Malpractice Attorney
The West Virginia medical malpractice lawyers at Tiano O’Dell, PLLC, care about helping injured members of our community. We also care about ensuring that our medical professionals and facilities provide safe and conscientious medical care. It is important to us that victims of negligent medical practices get the compensation that they deserve, and that all responsible parties have to answer for their substandard medical care. Contact our office at (304) 720-6700 to schedule your no-cost and no-obligation case evaluation. We will help you get the justice and compensation that you deserve.