Proving medical malpractice claims in West Virginia.

Medical errors are one of the leading causes of death in the United States. Medical errors often lead to catastrophic injuries and death.

Different issues can lead to a medical malpractice lawsuit. A medical malpractice claim could, for example, result from a surgical error or misdiagnosis. Here are some of the top reasons for medical claims:

  • Inadequate medical treatment: when a medical professional recommends a treatment that no other competent medical professional would provide, or he or she doesn’t administer treatment correctly.
  • Misdiagnoses: if another competent medical professional would have recommended a different diagnosis that could have resulted in a more favorable outcome.
  • Failure to diagnose: if your medical professional fails to warn you of possible health risks associated with treatments and procedures.

If you think you have a medical malpractice case, contact a malpractice attorney immediately. An attorney can help you determine if you have a valid medical malpractice claim and help you prove negligence.

In West Virginia, your medical malpractice claim is governed by the West Virginia Medical Professional Liability Act.  To have a claim, you must prove that your healthcare provider was negligent and that the negligence was a cause of injury or death.

Proving Negligence by the Medical Professional

You cannot sue for malpractice simply because you are dissatisfied with the result. Rather, you must prove that your medical provider was negligent. You must prove that your medical professional didn’t provide the care and skill that another similarly trained medical professional would provide in similar circumstances.

Doctors aren’t required to provide perfect care; however, they are required to provide care that is reasonably careful and skillful. This is known as the standard of care.

To prove that this standard has been breached, states often require the injured patient to provide a medical expert. This medical expert will be a witness to the medical standard and give examples of how your physician may have strayed from that standard.

Proving That You Are Injured

Patients who file medical malpractice lawsuits must also provide proof that they suffered injuries or damages due to inadequate treatment. Along with physical injuries, some damages could be eligible for compensation. Such damages can include the cost of treatment or loss of income due to the injury. In some cases, patients may also receive compensation for psychological pain and suffering.

Proving That the Doctor’s Negligence Led to Your Injury

You and your lawyer must also prove that your medical professional’s failure to provide adequate care resulted in your injury. Many malpractice cases are rejected because patients fail to prove that an injury was a direct consequence of treatment.

Patients also have to prove that an injury was not caused by other factors. For instance, if a patient passes away, an attorney must prove that a physician caused or contributed to the death.

Most patients will need a medical expert to testify that the doctor’s inadequate treatment led to the damages.

It is important to consult an experienced West Virginia personal injury attorney as soon as possible to ensure that you do not miss a crucial deadline. Preston & Salango, PLLC’s experienced lawyers are prepared to give you the legal assistance you need to achieve the best legal results possible.

Please call (304) 342-0512 today for a free consultation. Preston & Salango serves Charleston, Beckley, Clarksburg, Huntington, Morgantown, and all of West Virginia.

Categories: Medical Malpractice, Personal Injury

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