Birth Injuries

What is the average payment in a medical malpractice case?

Medical malpractice is the third leading cause of death in the United States. There are nearly 100,000 deaths annually as a result of diagnosis errors while 195,000 die in hospitals each year because of preventable mistakes. The National Practitioner Data Bank tracks all medical malpractice settlements. According to the Data Bank, malpractice victims were...
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Birth injuries and medical malpractice claims in West Virginia

Having a baby is supposed to be the happiest days of your life. Unfortunately, sometimes the carelessness of healthcare providers results in an infant suffering a birth injury.  In those circumstances, the parents may be able to pursue a Charleston medical malpractice lawsuit against the hospital or doctor who delivered the baby. In West...
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Are there caps in medical negligence cases in West Virginia?

Since 1986, the West Virginia Legislature has “capped” the amount of damages a person may receive for pain and suffering in medical negligence cases. Initially, the cap was $1 million. In 2003, the Legislature reduced the non-economic caps to $500,000 for those victims who suffer wrongful death, permanent and substantial physical deformity as well...
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What is Medical Malpractice?

Medical malpractice occurs when a healthcare provider (doctor, nurse, physician’s assistant, dentist, pharmacist, obstetrician, chiropractor, optometrist, hospital and/or clinic) deviated from the standard of care causing harm or injury to the patient.  To pursue a medical malpractice claim, the patient must prove that the healthcare provider owed the patient a legal duty, that duty...
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