What Is My Personal Injury Claim Worth?

POSTED BY Jon Corra . May 02, 2018

When someone meets with our Personal Injury lawyers, they often want to know what is my personal injury claim worth?  While many law firms like to advertise big settlements and share how they were able to get specific clients a certain amount of money, that’s not something our firm advertises.

The main reason is that we don’t want to give anyone false hope about their case and what is my personal injury claim worth. It’s not fair to tell someone they’ll get a $100,000 settlement when we haven’t evaluated their case. The amount you will receive depends upon a lot of different factors, including:

  • Medical Expenses: Medical expenses that result from your injuries will play an important part in your settlement. If you have an extended hospital stay or must have multiple surgeries, this will likely result in a higher settlement. It’s also important to document any type of physical therapy that may result from the injuries.
What Is My Personal Injury Claim Worth?
The amount you will receive in a Personal Injury depends upon a lot of different factors

If your injury is serious enough, you may require future medical attention, too. Your settlement should reflect any future medical expenses that may occur.

  • Property Damage: In most cases, property damage usually refers to something like a car that was damaged in an accident. If the car was a total loss or suffered substantial damage, the settlement should reflect the amount of damage that occurred.

 

  • Lost wages: If you’re injured in a car accident, there is a good chance you’ll miss work because of injury. If you’re off work for an extended period of time, your settlement should reflect lost wages.

 

  • Pain and suffering: This is one of the categories that can be hard to quantify. The Pain and suffering refer to any emotional stress and pain that result from an accident. Pain and suffering may be minor, but in some cases, it can include depression, anger, and even PTSD. For instance, let’s say you’re an avid jogger, but someone hits your car. The resulting injury may make it difficult for you to do something you enjoy by continuing to jog. That is also an example of pain and suffering.

 

  • Punitive damages: Punitive damages can be difficult to understand if you don’t have a background in law. Essentially, punitive damages are meant to punish the offender. For instance, if a driver willingly drives recklessly, the court may assign punitive damages. To learn more about punitive damages, read our previous blog here.

There are a lot of factors that go into a personal injury settlement. The categories above reflect just a small part of what you may receive compensation for.

Any law firm can advertise large settlements, but we like to evaluate each case on an individual basis. It’s important to keep your expectations realistic, and it’s important to know that an insurance company isn’t likely to be on your side.

If you’d like to know more about what is my personal injury claim worth or  what we can do to help, call today for a free consultation. Our toll-free number is 1-877-526-3457. If you can’t talk now, fill out this form so that we can call you at a better time.

What Everyone Needs To Know About Medical Malpractice Claims

POSTED BY Jon Corra . April 26, 2018

If you watch local television for any period of time, you’ll likely see a commercial − or several − for an attorney who’d like to help you with a medical malpractice claim.

It’s difficult to understand this type of claim when you only have a 30-second commercial as a reference. Plus, a lot of these attorneys have websites that lack the specific information you may need to understand medical malpractice claims.

Below is an overview of these types of claims, and information on what you can do if you feel that you or someone you love has been the victim of medical malpractice.

Defined

Medical malpractice, like a lot of other personal injury claims, involves a form of negligence. In this case, a medical professional, doctor or hospital is responsible for the negligence.

It occurs when a negligent act or omission occurs, and the result causes an injury to a patient. The negligence may result in an error in treatment, aftercare, diagnosis, or health management.

Personal injury lawyers or Medical Malpractice attorney can help you out to claim Medical malpractice and file a case upon it.

Examples

There is a lot of confusion about what is and isn’t a medical malpractice claim. For the most part, a known complication from a surgery won’t result in a medical

What Everyone Needs To Know About Medical Malpractice Claims
Medical malpractice, like a lot of other personal injury claims, involves a form of negligence.

malpractice claim. For instance, if you have surgery on your neck, and the pain persists after surgery, that is likely a risk of having the surgery.

If the surgeon did nothing wrong, then there is not likely a case there. A traditional medical malpractice claim must have evidence of the following: a violation of the standard of care occurred, an injury was caused by the negligence, and the injury resulted in significant damages.

There are countless examples of medical malpractice. The following list includes the most common examples:

Failure to diagnose or misdiagnosis
Misreading or ignoring laboratory results
Unnecessary surgery
Surgical errors or wrong site surgery
Improper medication or dosage
Poor follow-up or aftercare
Premature discharge
Disregarding or not taking appropriate patient history
Failure to order proper testing
Failure to recognize symptoms

 

What should you do?

If you believe you’re a victim of medical malpractice, make sure you have proper evidence to help back up your claim. Gather your medical records from your medical provider, the hospital if you had an extended stay, and the records from your surgery if surgery is a part of your claim. A good claim includes evidence before and after the malpractice occurred.

Hiring a qualified attorney is one of the best things you can do for a medical malpractice claim. If you or a loved one has been the victim of medical malpractice, it is essential that you contact a West Virginia personal injury attorney prior to the statute of limitations.

Do not leave yourself unprotected. Every patient deserves to be medically cared for with the utmost standard of care. The medical field is for healing, not undue injury.

Contact us today for a free consultation. Our toll-free number is 1-877-526-3457. If you can’t talk now, fill out this form so that we may call you at a better time.

How to Determine if Someone is a Victim of Medical Malpractice

POSTED BY admin . November 10, 2016

medical malpractice

Although hospitals are supposed to be the place people go to in order to get better, it’s an unfortunate truth that sometimes situations can instead go from bad to worse there. Although the nature of these issues can stem from a variety of sources, such as a doctor’s genuine mistake, clear ineptitude, or some other external factor; the end result can still have a serious impact on the patient’s health regardless of the cause. While medical malpractice claims should always be handled by a knowledgeable West Virginia personal injury lawyer, it’s worth going over some of the basics anyway. Once you understand the intricacies of these cases, you can decide for yourself whether you need the expertise of a West Virginia personal injury lawyer for your own claim.

The Central Points of a Medical Malpractice Claim

There are four main points to any malpractice claim: that there was a clear relationship between the doctor and patient, that the care provided to the patient by the doctor fell below the medical standard of care, that there was a clear connection between the care provided and the harm that resulted, and that the harm that resulted was significant enough to the patient to be quantifiable.

Although there is plenty of room for ambiguity within each of these points, they are the primary components of every malpractice claim. It’s important to note that the burden of proof lies with the patient in these cases, which means they are responsible for proving each of these points in a satisfactory manner. If a patient is unable to satisfactorily prove each of these claims, then they will not be awarded any damages at the conclusion of the malpractice case. It’s precisely for this reason that having a knowledgeable lawyer by your side is so important. Since these types of cases typically have a lot of nuance, having someone that has a deep understanding of the rules and regulations associated with medical care can be the difference between a successful claim and a lost one.

Establishing a Doctor-Patient Relationship

This may seem like an obvious point, but doctors are only responsible for a diagnosis or treatment that they give to an actual patient. If you’re at a party and a doctor says something offhandedly, you cannot turn around and then hold them liable for any harm that came from the “off the clock” advice. If you instead spoke with a doctor at a hospital as their patient though, then their actions are certainly open to closer scrutiny. This is typically the easiest part of a malpractice case to prove, or at least it should be, in theory.

Examining the Medical Standard of Care

Unlike the doctor-patient relationship, coming to an agreement on the accepted medical standard of care is much more difficult. This is because there isn’t an easily defined or accepted standard that can be easily referenced across all courtrooms. In proving a medical standard of care, the main concern is whether another health care professional in a similar situation would have pursued the same treatment or diagnosis as the doctor involved in the claim.

Since the medical standard of care involves exploring what other health care professionals would do, it should come as no surprise that this stage of the case often involves other health care professionals. Typically, the patient’s lawyer will bring in a medical expert to explain their own thought-process to the court. By providing an alternate insight into the events that led to the malpractice, a medical expert can have a significant impact on the outcome of a claim.

Of course, it’s not enough for a medical expert to simply have some knowledge of a specific treatment or diagnosis. One of the main points behind a medical standard of care is whether a doctor of a similar background would make the same decisions as the one involved in the case. As a result of this specificity, the medical expert involved on the plaintiff’s side will often be one from the same area and who practices the same field of medicine. This ensures greater accuracy in exploring the necessary steps involved in the correct treatment, and it also serves to create a sharper contrast between the correct method and the incorrect one used by the defendant.

Presenting a Connection Between Negligence and Harm

Although a large part of a case hinges on highlighting any breaches in the medical standard of care, that may not always be enough for a claim to hold up in court. In addition to proving any breaches, the plaintiff must also prove that any negligence on the doctor’s part led to actual harm for the patient. This can sometimes be difficult, especially if a lot of the “damage” is emotional rather than physical. In fact, the harm that a patient experiences must be measurable beyond simply existing, but we’ll discuss that in more detail later.

When discussing any acts of negligence on the doctor’s part, it’s not enough to simply prove that they behaved in appropriately given their knowledge and background. In addition, the plaintiff must prove that it was precisely because of the doctor’s inappropriate actions that they experienced direct harm. Although this sounds difficult to prove, there is a certain amount of leeway afforded to patients. For instance, if a doctor’s misdiagnosis led to a patient’s continued suffering of an ailment, then that negligence can qualify for malpractice, even though the doctor didn’t cause the ailment.

To put it another way, malpractice primarily seeks to financially make amends for any medical actions that previously led to a decline in a patient’s health. This gives malpractice a wide berth from which to work and address issues, which also means that there are plenty of opportunities for malpractice claims that people simply have no idea about. It’s for this reason that contacting a lawyer is recommended, as they can provide a greater insight into your specific case than you might otherwise discover on your own without any outside help.

Proving Patient Harm

Finally, the arguably most important component of a malpractice claim is proving that the patient suffered real damage from the doctor’s actions. As previously mentioned, this can sometimes be difficult, as the pain experienced by the patient must be quantifiable. This is because the pain experienced by the patient is then used as a measure for the financial damages awarded in the case of a victorious claim. If the damage can’t be appropriately proven, then there is nothing for the court to base their damages on to award the plaintiff. This also means that it’s important for you to keep thorough records after an operation, so that you can prove any damages should the need arise.

Bringing It All Together

If, after reviewing these different points, you feel that you might have a medical malpractice case, then your next step should be to contact a personal injury lawyer. With their expertise, you can determine your next steps and ensure that your case is as strong as it can be.

While this guide does cover a lot of the broader points commonly associated with malpractice claims, it is by no means exhaustive. There are still plenty of intricacies that are not covered here, including the problems that can arise from a person getting an out-of-state treatment or diagnosis. Although this guide doesn’t have the answer to specific questions like that, these are the type of questions that you should definitely bring to an attorney. A skilled attorney that has extensive malpractice knowledge can work with you through all of your case’s specific points, and can also help to address any concerns or reservations that you might personally have about your claim.

If you’re worried about the potential cost of hiring a lawyer for a malpractice case, you really shouldn’t be. Our services are offered based on a contingency fee, meaning that we don’t get paid unless your claim is successful. In fact, this is how most malpractice attorneys operate, regardless of which state they’re located in. So, if you think you might have experienced malpractice in the past, based on the points discussed above, then it’s time to contact an attorney and start exploring possible options. We want to help you make things right, especially if it means helping to protect other patients from being similarly mistreated in the future.

When To Sue For Medical Malpractice

POSTED BY admin . October 24, 2016

Medical Malpractice

Undergoing a medical malpractice case can be a daunting and stressful process, especially if you aren’t terribly familiar with what constitutes a legitimate medical malpractice claim. While a Parkersburg medical malpractice lawyer can help guide you through each stage of the claim process, it’s still a good idea to have a little knowledge beforehand of what the entire process will entail. Of course, it’s also worth reviewing this information before visiting a hospital, so that you’re better prepared for any situations before they turn from bad to worse. An injury attorney can only do so much after the fact, you’ll have to rely on your own sense of judgment when dealing with doctors directly.

Basic Requirements of a Medical Malpractice Claim

When filing a medical malpractice claim, you and your injury attorney must be able to prove a set of several facts: there was a doctor-patient relationship between yourself and the doctor, the doctor was negligent in a way that a doctor acting reasonably would not have been, the doctor’s negligence is responsible for the injury, and that the injury led to a set of specified damages.

Before any claim can be taken seriously, you must first be able to prove that you and the doctor had an actual doctor-patient relationship. Just because someone happens to be a doctor and gave you some advice in passing does not mean that it was medical malpractice. As it is legally defined, medical malpractice can only result from a doctor failing in their role as a doctor, not when they’re outside of their work.

The next step is to prove that the doctor’s actions were negligent. It’s important here to discern the difference between negligent and unsatisfactory. Even though you’re disappointed with the results of a treatment or diagnosis, it doesn’t necessarily mean that the doctor acted poorly. Instead, there must be proof that the doctor’s decisions were in contrast to the way in which an otherwise reasonable doctor would have acted.

After proving that the doctor was negligent, the next step is to prove that it was because of this negligence that an injury occurred. Unfortunately, this can also create a complication when it comes to determining what constitutes an injury. After all, most people that go to the hospital do so because they’re already under some kind of duress. Thus, you have the burden of proof in a medical malpractice suit to prove that the doctor not only caused you harm, but that it was independent of anything you were suffering from.

Finally, you must prove that any injuries that resulted from the doctor’s negligent actions caused a real and provable harm that needs to be rectified. This is where the expertise of a professional like a Parkersburg medical malpractice lawyer comes into play. Lawyers can break down the damages caused by an injury and turn it into easily defined terms, such as physical pain, mental anguish, lost work, and lost earning capacity. This also serves to create the baseline for the damages sought from the lawsuit.

Special Requirements for Medical Malpractice Claims

In addition to the basic requirements outlined above, many states have additional regulations in regards to medical malpractice claims.

One of the biggest issues that might catch people off-guard is just how quickly a claim must be brought forward. In most states, a medical malpractice claim must be filed within six months to two years at the most. This is why it’s so important to seek out an attorney if you’re not sure whether or not you have a claim. At least if you speak to a professional early, you’ll have more options available to you later on. It’s also worth mentioning that different states have different regulations regarding when the “clock” officially starts ticking on a medical malpractice claim. While some states understandably start counting from when the negligent act occurred, others define the start date as when the injury should have been discovered.

Another obstacle that might come up, depending on the state, is a review panel. Review panels are comprised of experts in the field and will typically look at all of the components of the medical malpractice claim. While they do not take the place of the trial, their findings do have a significant impact on it. If a case is not found to be worthy, as according to the review panel, then it will typically be dismissed in court. Conversely, if the review finds that medical malpractice did occur, then this can have a positive impact on the outcome of the trial for you.

Some states have passed laws to provide further protection to doctors, in order to protect them from frivolous medical malpractice suits. As a result of this protection, some states require that you notify the doctor ahead of time before you file the malpractice claim.

While an expert’s testimonial is not a federally mandated legal requirement of medical malpractice claims, many states have actually turned it into a requirement. Even in these situations though, there are certain exceptions where an expert’s knowledge is not required. Typically, these are situations where the harm was obvious and negligent, such as accidentally leaving a surgical tool inside a patient after an operation.

The last thing to consider before filing a claim in a state is the state’s cap on medical malpractice damages that can be awarded to an individual. As mentioned previously, the rise in frivolous malpractice suits has made some states become more strict about how much can be won from a case.

Common Types of Medical Malpractice

Medical malpractice claims can primarily be broken down into three broad categories of malpractice: a diagnosis failure, an improper treatment, or a failure to warn a patient of known risks.

For cases that hinge on a failure to diagnose, the victim must provide evidence that any reasonable doctor would have been able to make a more accurate diagnosis than the one the doctor actually made. In addition, there must be evidence that a more accurate diagnosis would have had a more positive impact on the outcome of treatment.

With regards to improper treatment, these are probably the most widely known cases of medical malpractice. Improper treatment occurs whenever a doctor’s method of treatment results in additional harm to the patient. This doesn’t necessarily mean the treatment was incorrect, either, as it can also mean the doctor simply didn’t administer it properly.

The last type of medical malpractice claim is probably the one that is least widely known. Referred to as the “duty of informed consent,” it essentially means that a doctor is required to notify their patient of all possible risks before allowing them to go through with a treatment.

Professional Services

All of these state variations, requirements, and claim types may seem overwhelming. It is precisely for this reason that having an experienced medical malpractice lawyer by your side is so valuable to the outcome of a malpractice claim.

How Do You Get Mesothelioma?

POSTED BY admin . October 17, 2016

Thankfully, we live in a time where we fully understand the dangers of exposure to asbestos. While treatment options are still incredibly limited, and diagnosis frequently doesn’t occur until it’s too late, at least we understand what causes the asbestos-related cancer, otherwise known as mesothelioma. This guide will aim to look at how mesothelioma develops, what treatment options are currently available, and any legal action that can be taken if you discover that you might have the cancer.
Risk Factors

Anyone that has been in close proximity to asbestos is at risk of developing the cancer. According to the latest statistics, it is estimated that 3,000 people are diagnosed with the cancer related to asbestos every year. Unfortunately, just because you’re not currently suffering from the cancer doesn’t mean it hasn’t developed in your body. The cancer has a long latency period, meaning it can lay dormant for up to 20 years before finally developing.

The cancer itself is caused by asbestos fibers being inhaled and then sticking to the insides of a victim’s lungs and other vital organs. Since the body is incapable of breaking down these materials any further, they’re able to cause immense damage to the human body from the inside. This scarring and general bodily damage can eventually cause an aggressive form of cancer to develop.
Occupational Exposure to Asbestos

Since most people that suffer from asbestos-related cancer originally got it from a work site, it’ worth looking specifically at the risk factors associated to certain job types. As a result, those that worked in industrial or construction fields are overwhelmingly more likely to suffer from cancer than those in other fields. The only other field that had similar exposure rates were those that worked from home. Luckily, these risks are no longer present in these industries, or in homes, How Do You Get Mesothelioma? but these risks are still serious for anyone that worked in those fields roughly 30 years ago.

Symptoms

The cancer that develops from asbestos primarily takes the form of one of several types of tumors: pleural, pericardial, peritoneal, and testicular. The most common of these tumors is the pleural, which primarily affects the lungs. From here, it can spread to other parts of the body, which is why it has developed a reputation for being a lung cancer, despite that not actually being the case. Still, it’s worth paying attention to many symptoms related to the lungs to determine if you’re suffering from pleural tumors. This can include symptoms similar to pneumonia, such as shortness of breath, general chest pain, a persistent cough, or loss of appetite.

Pericardial tumors are much more lethal than their pleural counterpart, as pericardial tumors target the heart specifically. Although it has similar symptoms to pleural tumors, it is considerably more deadly.

The second most popular form of asbestos cancer is peritoneal, which targets the abdominal cavity. Unlike the other types of tumors, peritoneal tumors in the abdomen can cause the stomach to swell with fluid, causing immense pain to the victim. Victims of peritoneal tumors are also more likely to have a decreased appetite and experience much more pronounced weight loss.

The last form of cancer is testicular. Unfortunately, this type of cancer is so rare that it is difficult for researchers to come to a consensus on its symptoms or method of treatment. The only symptom that is generally agreed upon is a painful swelling that can result in the patient’s testicles, similar to the swelling experienced in the abdomen of those suffering from peritoneal cancer.

Treatment Options

Since this form of cancer is so aggressive, it has been extremely difficult to treat. Its long latency period also makes it difficult to diagnose, as its onset is both sudden and rapid. As all forms of the cancer are incurable, doctors instead focus primarily on reducing the pain of the victim and increasing their general life expectancy. Since at least two forms of the cancer involve a painful swelling of fluids in different parts of the body, many doctors will utilize surgery to help alleviate the swelling and release some of the fluid build-up.

In addition to surgical options, doctors will also often utilize traditional cancer therapies as a means of reducing the tumor’s growth and limit its damage to the body. This can take the form of radiation therapy, chemotherapy, and other new therapies that specifically target the cancerous cells throughout the body.

Unfortunately, a part of the cancer’s resistance lies in the different cells that comprise it. While the most common type of cell has had some success in being eradicated, its more resistant counterpart, sarcomata, has resisted virtually all treatment types. It’s for this reason that an early and accurate diagnosis is vital to the survival of the patient, but this can still be difficult because of the nature of the affliction.

As of right now, this type of cancer has developed a reputation for being an “orphan disease.” In the United States, an orphan disease is any disease that does not infect a large amount of the population. Despite infecting 3,000 people every year, it is still not enough to gain traction as compared to the more popular diseases that sweep the media every year. Still, even if it is considered an orphan disease, there is still hope for new treatments to develop and finally help undo all of the damage that asbestos exposure has caused over the years.

Compensation

If you’re suffering from Asbestos-related cancer, then you might want to consider hiring a West Virginia mesothelioma lawyer with experience in helping people get compensation for their affliction. Anyone exposed to Asbestos is, simply put, a victim of corporate negligence. In addition to the traditional lawsuit route, many companies that used Asbestos in the past have established trust funds specifically designed to help the victims of their negligence over the years. By contacting a West Virginia mesothelioma lawyer, you can get more information how to access these trust funds or what other legal steps you could take next to receive further compensation for your suffering.

When To Sue For Medical Malpractice

POSTED BY admin . October 10, 2016

Undergoing a medical malpractice case can be a daunting and stressful process, especially if you aren’t terribly familiar with what constitutes a legitimate medical malpractice claim. While a Parkersburg medical malpractice lawyer can help guide you through each stage of the claim process, it’s still a good idea to have a little knowledge beforehand of what the entire process will entail. Of course, it’s also worth reviewing this information before visiting a hospital, so that you’re better prepared for any situations before they turn from bad to worse. An injury attorney can only do so much after the fact, you’ll have to rely on your own sense of judgment when dealing with doctors directly.

When To Sue For Medical Malpractice

 

Basic Requirements of a Medical Malpractice Claim

When filing a medical malpractice claim, you and your injury attorney must be able to prove a set of several facts: there was a doctor-patient relationship between yourself and the doctor, the doctor was negligent in a way that a doctor acting reasonably would not have been, the doctor’s negligence is responsible for the injury, and that the injury led to a set of specified damages.

Before any claim can be taken seriously, you must first be able to prove that you and the doctor had an actual doctor-patient relationship. Just because someone happens to be a doctor and gave you some advice in passing does not mean that it was medical malpractice. As it is legally defined, medical malpractice can only result from a doctor failing in their role as a doctor, not when they’re outside of their work.

The next step is to prove that the doctor’s actions were negligent. It’s important here to discern the difference between negligent and unsatisfactory. Even though you’re disappointed with the results of a treatment or diagnosis, it doesn’t necessarily mean that the doctor acted poorly. Instead, there must be proof that the doctor’s decisions were in contrast to the way in which an otherwise reasonable doctor would have acted.

After proving that the doctor was negligent, the next step is to prove that it was because of this negligence that an injury occurred. Unfortunately, this can also create a complication when it comes to determining what constitutes an injury. After all, most people that go to the hospital do so because they’re already under some kind of duress. Thus, you have the burden of proof in a medical malpractice suit to prove that the doctor not only caused you harm, but that it was independent of anything you were suffering from.

Finally, you must prove that any injuries that resulted from the doctor’s negligent actions caused a real and provable harm that needs to be rectified. This is where the expertise of a professional like a Parkersburg medical malpractice lawyer comes into play. Lawyers can break down the damages caused by an injury and turn it into easily defined terms, such as physical pain, mental anguish, lost work, and lost earning capacity. This also serves to create the baseline for the damages sought from the lawsuit.

Special Requirements for Medical Malpractice Claims

In addition to the basic requirements outlined above, many states have additional regulations in regards to medical malpractice claims.

One of the biggest issues that might catch people off-guard is just how quickly a claim must be brought forward. In most states, a medical malpractice claim must be filed within six months to two years at the most. This is why it’s so important to seek out an attorney if you’re not sure whether or not you have a claim. At least if you speak to a professional early, you’ll have more options available to you later on. It’s also worth mentioning that different states have different regulations regarding when the “clock” officially starts ticking on a medical malpractice claim. While some states understandably start counting from when the negligent act occurred, others define the start date as when the injury should have been discovered.

Another obstacle that might come up, depending on the state, is a review panel. Review panels are comprised of experts in the field and will typically look at all of the components of the medical malpractice claim. While they do not take the place of the trial, their findings do have a significant impact on it. If a case is not found to be worthy, as according to the review panel, then it will typically be dismissed in court. Conversely, if the review finds that medical malpractice did occur, then this can have a positive impact on the outcome of the trial for you.

Some states have passed laws to provide further protection to doctors, in order to protect them from frivolous medical malpractice suits. As a result of this protection, some states require that you notify the doctor ahead of time before you file the malpractice claim.

While an expert’s testimonial is not a federally mandated legal requirement of medical malpractice claims, many states have actually turned it into a requirement. Even in these situations though, there are certain exceptions where an expert’s knowledge is not required. Typically, these are situations where the harm was obvious and negligent, such as accidentally leaving a surgical tool inside a patient after an operation.

The last thing to consider before filing a claim in a state is the state’s cap on medical malpractice damages that can be awarded to an individual. As mentioned previously, the rise in frivolous malpractice suits has made some states become stricter about how much can be won from a case.

Common Types of Medical Malpractice

Medical malpractice claims can primarily be broken down into three broad categories of malpractice: a diagnosis failure, an improper treatment, or a failure to warn a patient of known risks.

For cases that hinge on a failure to diagnose, the victim must provide evidence that any reasonable doctor would have been able to make a more accurate diagnosis than the one the doctor actually made. In addition, there must be evidence that a more accurate diagnosis would have had a more positive impact on the outcome of treatment.

With regards to improper treatment, these are probably the most widely known cases of medical malpractice. Improper treatment occurs whenever a doctor’s method of treatment results in additional harm to the patient. This doesn’t necessarily mean the treatment was incorrect, either, as it can also mean the doctor simply didn’t administer it properly.

The last type of medical malpractice claim is probably the one that is least widely known. Referred to as the “duty of informed consent,” it essentially means that a doctor is required to notify their patient of all possible risks before allowing them to go through with a treatment.

Professional Services

All of these state variations, requirements, and claim types may seem overwhelming. It is precisely for this reason that having an experienced medical malpractice lawyer by your side is so valuable to the outcome of a malpractice claim.

Common Medical Malpractice Scenarios

POSTED BY admin . October 10, 2016

Medical Malpractice

When it comes to personal injury law, few circumstances are more tragic than those involving medical malpractice. Health concerns of all types require us to place trust in the hands medical professionals.

Though most physicians, nurses and others serving in these most critical roles perform their duties with laudable competence, there are certainly instances in which serious errors are made which lead to profound harm and sometimes even death. Under such circumstances, an experienced West Virginia medical malpractice lawyer can make all the difference in securing the compensation victims need and also deserve.

While the potential for medical professional error exists around every corner, there do seem to be certain types of scenarios which lead to the most malpractice complaints. Research published in the Journal of the American Medical Association suggests that nearly 1 out every 5 cases of alleged medical malpractice involve delayed, missed or other errors in  diagnoses of illnesses. Other frequently seen instance of actionable negligence involve:

  • Improperly administered medications
  • Botched labor and delivery processes
  • Faulty interpretation of laboratory tests
  • Surgical errors
  • Failure to monitor for infection
  • Negligence in the use of anesthesia

The aftermath of medical malpractice – medical expenses, lost wages, physical pain, emotional suffering – can be devastating for injury victims as well as their families. During this vulnerable time, our West Virginia medical malpractice lawyers are ready to fight for your rights.  

Common Medical Malpractice Scenarios

POSTED BY admin . August 27, 2016

When it comes to personal injury law, few circumstances are more tragic than those involving medical malpractice. Health concerns of all types require us to place trust in the hands of medical professionals.

Though most physicians, nurses and others serving in these most critical roles perform their duties with laudable competence, there are certainly instances in which serious errors are made which lead to profound harm and sometimes even death. Under such circumstances, an experienced West Virginia medical malpractice lawyer can make all the difference in securing the compensation victims need and also deserve.

While the potential for medical professional error exists around every corner, there do seem to be certain types of scenarios which lead to the most malpractice complaints. Research published in the Journal of the American Medical Association suggests that nearly 1 out every 5 cases of alleged medical malpractice involve delayed, missed or other errors in  diagnoses of illnesses. Other frequently seen instance of actionable negligence involve:

  • Improperly administered medications
  • Botched labor and delivery processes
  • Faulty interpretation of laboratory tests
  • Surgical errors
  • Failure to monitor for infection
  • Negligence in the use of anesthesia

The aftermath of medical malpractice – medical expenses, lost wages, physical pain, emotional suffering – can be devastating for injury victims as well as their families. During this vulnerable time, our West Virginia medical malpractice lawyers are ready to fight for your rights.