Most people do not expect that they will be harmed when they seek help from a medical professional. However, there are times when a licensed healthcare professional causes harm due to their negligence or carelessness. When this happens, you need to secure a Huntington, WV medical malpractice attorney as soon as possible. Contact Tiano O’Dell, PLLC to get started on your case.
What are the most common medical mistakes?
Johns Hopkins researchers say that medical mistakes are the third leading cause of death in the United States, killing an estimated 250,000 people each year. We know that many thousands more survive medical errors and are left dealing with the physical, emotional, and financial consequences.
The most common medical mistakes that occur include:
- Emergency room malpractice
- Failure to diagnose a condition
- Brain damage
- Birth injuries
- Spinal cord injuries and paralysis
- Surgical mistakes
- Medication mistakes
- Anesthesia errors
- Healthcare-acquired infections
What needs to be proven for a case to be successful?
There are certain elements that need to be present for a medical malpractice case to be successful. These include:
- That there was an established relationship between you and the healthcare provider.
- The standard of care afforded to you in your case was inadequate, meaning that they failed to use the knowledge, skills, and care that a similarly trained provider would have in a similar situation.
- That the inadequate care caused your injuries.
- The injuries caused actual, quantifiable damages.
What kind of compensation are you entitled to in a medical malpractice case?
Victims of medical malpractice are entitled to a range of compensation. This includes economic damages such as coverage for medical bills (past and future) as well as coverage for any lost wages you incur if you cannot work while you recover.
You can also receive non-economic damages for your pain and suffering. This includes coverage for your physical pain as well as emotional and psychological suffering. You may also be entitled to compensation for loss of enjoyment of life if you can no longer do the things you love due to your injuries.
What is the time limit to file a medical malpractice case in West Virginia?
West Virginia places a two-year statute of limitations on medical malpractice cases. This means that the victim (plaintiff) has two years from the date the injury occurred or when the injury should have been discovered to file the case. If the case involved the victim’s death, the claim must be brought two years from the date of death.
For medical malpractice cases involving those under the age of ten, a malpractice case may be brought within two years of the date of the injury or prior to the plaintiff’s twelfth birthday, whichever is longer.
Does West Virginia limit the amount of compensation you can receive?
There are no caps for how much a plaintiff can receive for economic damages (medical bills, lost income, etc.). However, West Virginia does place a cap on non-economic damages such as pain and suffering. These amounts are capped at $250,000, except in the case of catastrophic injury or wrongful death. In those cases, the cap is raised to $500,000.
It is important to properly calculate your damages to ensure you get the maximum compensation for your claim. Your Huntington, WV medical malpractice attorney can help you get through this entire process.
Get Help From a Huntington Medical Malpractice Lawyer
If you believe you are a victim of medical malpractice in West Virginia, you have legal rights and options. Start by contacting the Huntington, WV injury lawyers at Tiano O’Dell, PLLC for a free initial consultation. Our firm is renowned for helping injury victims across the state, and we would be happy to see how we can help you . Do not delay; get started today.