Birth Injuries

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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Birth Injuries in West Virginia

While giving birth to a child in West Virginia and across the United States normally occur with no problems, birth injuries do happen every day despite receiving adequate medical care. Birth injuries can occur due to the failure of a doctor or medical staff to take proper precautions or provide the level of expected...
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