Parkersburg Medical Malpractice Lawyer
You should never have to worry about being injured due to the careless or negligent actions of a healthcare provider. Unfortunately, mistakes are made regularly, and they can cause serious injuries and illnesses for patients. At Tiano O’Dell, our Parkersburg, WV medical malpractice attorneys are ready to help you secure the compensation you deserve. Call today to get started on your case.
What is medical malpractice?
Medical malpractice cases arise when a patient is harmed due to the careless, negligent, or intentional actions of a medical provider. This does not necessarily have to be a doctor or surgeon. Mistakes can be made by nurses, optometrists, pharmacists, dentists, paramedics, and more.
For a medical malpractice claim to be successful, certain elements must be present in the case:
- There must have been a patient/provider relationship.
- The healthcare provider has to have provided an inadequate standard of care, meaning that they did not use the skills, knowledge, and care that a similarly trained healthcare professional would have used.
- The inadequate standard of care caused a person’s injuries or illness.
- The injured person suffered quantifiable damages.
Is there a time limit to file these cases?
Yes, in West Virginia, medical malpractice cases must generally be filed within two years from the date the medical mistake was made or should have reasonably been discovered. If the case involved the patient’s death, a claim must be made within two years from the date of death.
Types of medical malpractice
- Medication Errors: Medications mistakes affect approximately 5 million people each year in this country. These mistakes can happen within the hospital setting or due to a pharmacy mistake. In many cases, a medication error leads to patients receiving the wrong medication or the wrong dosage of the correct medication. In some cases, a patient does not receive their medication at all.
- Birth Injuries: The birthing process is difficult for both a mother and the child. If a doctor, surgeon, or nurse is careless or negligent during this process, the mother or child could suffer permanent damage.
- Surgical Mistakes: While all surgeries involve risks, there are many errors that should never happen. Aptly named “never events” occur more often than they should, and include having the wrong body part being operated on, surgical instruments or sponges being left behind in a patient, the wrong surgery being performed, and more.
- Diagnosing Mistakes: Researchers at Johns Hopkins have said that errors made when diagnosing patients affect approximately 12 million people each year in the US. This can include misdiagnosis or even no diagnosis being made at all. In either case, a patient’s pain and suffering will increase.
- Infections: Approximately one in every 30 hospital patients in the county acquires an infection, according to the Centers for Disease Control and Prevention (CDC). Hospitals and other healthcare facility staff members must follow strict infection control protocols. Infections can increase a person’s risk of complications and death.
What type of compensation could you be entitled to?
There are various types of compensation available to those who have sustained an injury due to healthcare provider negligence. This can include:
- Compensation for all medical expenses related to the error(s)
- Coverage for expected future medical costs
- Coverage of lost income and benefits if you cannot work
- Loss of enjoyment of life damages
- Pain and suffering damages
- Possible punitive damages against the healthcare provider or agency responsible
When to Contact a Parkersburg Medical Malpractice Lawyer
If you or a loved one was injured due to the careless or negligent actions of a healthcare provider, you may be eligible for damages. Do not wait and risk missing your window to file a claim. At Tiano O’Dell, PLLC, we are passionate about helping injured West Virginians fight for justice. Contact our office today to request a free consultation with our Parkersburg personal injury attorneys.