Medical malpractice is the 3rd leading cause of death in the US. What is medical malpractice?
Medical malpractice is a type of personal injury that happens to a patient who receives care from a provider of health care. Health care providers are required to administer care to patients in a way that meets certain established medical standards for the type of care delivered. If a health care provider fails to provide care that meets the required standard and the patient is injured as a result, the patient may have a claim for medical malpractice.
It is not enough that a patient experiences a negative medical outcome. A claim for medical malpractice has to start with an error on the part of the treating medical professional and that error must be the cause of the patient’s injuries. Establishing that a medical caregiver made an error can be a complex and lengthy process involving the opinions of many different medical experts.
At Salango Law, we see the damages our clients experience when they put their complete trust in doctors only to find out that those medical caregivers did not provide the care that should have been given. Our Charleston medical malpractice lawyers hold medical professionals accountable when their failures cause patients’ injuries.
Why You Can Trust Your Medical Malpractice Claim to Salango Law
We treat you with compassion and respect and do what is necessary to get you the best results.
- Our firm is recognized for the quality of our service
- We consistently win for our clients
- Our clients are happy to recommend our services
How a Charleston Medical Malpractice Attorney Helps You Win
Making a successful claim for medical malpractice requires strong evidence that the medical provider who treated you did not follow the protocol that is standard in the medical profession for your particular medical issue. It requires the testimony of other medical experts to both establish what the standard is and how your medical provider failed to meet it.
A medical malpractice attorney knows that most malpractice claims settle before trial and that medical providers tend to be more successful when claims go before a jury. A Charleston personal injury attorney will know how to evaluate the strength of your case and which experts are necessary to facilitate a settlement that adequately compensates you or whether a trial is your better option for recovery.
Most Common Medical Malpractice Mistakes
The most common error made by a medical professional has to do with properly evaluating a patient’s symptoms and determining what treatment is indicated. Failing to diagnose the correct ailment and/or diagnosing the wrong ailment can lead to improper treatment, delays in proper treatment and, in many cases, death.
- Failure to diagnose/misdiagnosis – between 80,000 – 100,000 people die in the US each year due to diagnosing errors
- Failure to treat – does not order appropriate testing, releases a patient from care too soon
- Medication error – gives wrong medication, gives wrong dose of medication, fails to warn of side effects
- Surgical error – surgery occurs on the wrong body part, collateral damage to other body parts is done during surgery, surgical equipment gets left in a patient during surgery
- Birth injuries – injuries that occur to the mother or baby during the birthing process – most often due to the amount of force used to facilitate the birth
- Anesthesia error – too much or too little anesthesia administered or administered in the wrong place
Who Is More Likely to Get Sued for Medical Malpractice?
Over half of the practicing physicians can expect to be named in a medical malpractice lawsuit at some point in their careers. Physicians who specialize are more likely to be sued than those with general practices. Surgeons tend to be sued more often than other types of doctors. And those who find themselves facing malpractice claims are frequently men over the age of 55.
Who Can Be Held Responsible When Medical Malpractice Occurs?
When a patient does not receive appropriate care and suffers injury from a treating medical provider, the person who was directly responsible for the error as well as the facility that employs that individual may be held accountable for the resulting damage. Possible responsible parties include:
- medical practice groups
- nursing homes
Compensation in Charleston Medical Malpractice Cases
Compensation for medical malpractice injuries can include economic damages like medical expenses and lost earnings as well as non-economic damages such as pain and suffering or mental distress. There is no limit on how much you can recover for your economic damages. However, in West Virginia, non-economic damages in medical malpractice claims are limited as follows with annual adjustments since 2004 for inflation.
- $500,000 if the injury results in a permanent disability or death
How to Make a Claim for Medical Malpractice
In West Virginia, the law requires that certain procedures be followed before a medical malpractice lawsuit can be filed against a health care provider. The persons or entities that are going to be sued must be given a certain amount of prior notice and must be provided with a statement explaining what they are being accused of. The procedures are very specific and require the assistance of an experienced medical malpractice attorney to properly file your claim.
The Charleston medical malpractice lawyers at Salango Law are very familiar with the requirements for filing medical malpractice claims. Kanawha County has more malpractice claims filed than any other county in the state. We make sure you get the expert opinions you need and complete the necessary paperwork so that you can proceed with your claim. Once your claim is filed, we get to work gathering evidence so we can negotiate the best possible settlement to compensate you for your injuries.
Contact Our Charleston Medical Malpractice Lawyers Today
If you believe you or a family member may be a victim of medical malpractice, contact us here to schedule a free consultation where we will go over your case and advise you of your options. There is a time frame within which you have to file your claim, so don’t delay. Call our Charleston office at (304) 342-0512.