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What’s the difference between a bad outcome and medical negligence?

Every medical procedure has risks.  In fact, a medical procedure can have a bad outcome even when it is performed correctly. When a medical procedure turns out poorly, the issue is whether it was a known and accepted risk of the procedure or were the doctor or nurse negligent.

Medical malpractice is the third leading cause of death in the United States.  More than 250,000 people die every year in the United States because of medical errors. To put that staggering number in context, that’s more than the entire populations of Charleston, Huntington, Morgantown, Beckley and Parkersburg, combined.

In West Virginia, medical malpractice claims are governed by the Medical Professional Liability Act.  To have a claim, the claimant or claimant’s attorney must have the case screened by an expert prior to filing a lawsuit. If the expert reviews the case and it has “merit,” the claimant must serve a notice of claim and a screening certificate upon the hospital or doctor to afford them the opportunity to try to resolve the case before it is filed.  If they elect to not resolve the case, a lawsuit may be filed.

In order to prove that the doctor or nurse was negligent your case must be examined by an experienced Charleston medical malpractice lawyer and an expert in the same medical field as the doctor or nurse.

Healthcare providers have a legal duty to act within accepted standards of care.  That is, they are expected to do what a reasonable and prudent healthcare provider under the same or similar circumstances would do.  When the healthcare provider falls below that standard and someone is injured or killed, that is known as medical malpractice.

With over two decades of experience handling medical malpractice cases throughout West Virginia, Salango Law, PLLC offers free consultations to victims of medical malpractice.  Contact the medical negligence team at Salango Law, PLLC for a no cost consultation.