Medical malpractice occurs when a healthcare provider takes action that a reasonably competent provider facing the same or similar circumstances would have done differently, and a patient suffers harm because of that conduct.
If you either know or suspect that a provider has made a mistake or caused further damage due to medical care they’ve provided to you or a loved one, the anguish of knowing that this situation was preventable can be maddening. In the most extreme cases of medical malpractice, mistakes or other forms of misconduct can lead to death. When a doctor’s actions or inactions lead to the death of a loved one, it is vital that they be held accountable for their failure to exercise reasonable professional judgment. This article will discuss wrongful death, medical malpractice, and what to do when a doctor’s actions or inactions result in death.
West Virginia Wrongful Death And Medical Malpractice Representation You Can Trust
Patients place their trust in doctors to do what is best for them. Despite that trust, things can still go wrong. A doctor may do something or fail to do something that results in harm or death, which can cause substantial pain and suffering and loss of companionship for those who’ve lost a loved one. When a doctor’s actions cause severe injury or death, it is crucial that they be held accountable. Depending on your circumstances, you may have no choice but to seek compensation for your loss. For others, a wrongful death suit is less about seeking compensation and more about finding closure and seeking justice for their lost loved ones.
Regardless of the reason that you may choose to file a wrongful death suit, it is crucial that you have an experienced malpractice and wrongful death attorney on your side. Malpractice and wrongful death suits involve specific requirements that you must prove for your claim to be successful. When you need experienced representation, look no further than Salango Law. The wrongful death and medical malpractice attorneys at Salango Law can assist you with your case and ensure that it receives the respect and focus it deserves. To schedule a free initial case review, call (304) 342-0512 or visit our website today.
West Virginia Medical Malpractice
Medical malpractice occurs when a medical provider or facility does something that a reasonably competent provider in the same or similar circumstances would not have done, and that conduct leads to harm or death. Medical malpractice can take various forms, depending on the type of medical attention or treatment being administered. Some of the most common examples of medical malpractice include the following:
- Anesthesia errors
- Medical misdiagnosis
- Surgical errors
- Medication errors
- Wrong prescription
- Erroneous dosage
- Failure to identify lethal reactions with other prescriptions
While these are only some examples of medical malpractice, if they occur, they can result in severe harm or, in extreme cases, death.
West Virginia Wrongful Death
Concerning medical malpractice, wrongful death occurs when someone dies due to a medical professional’s negligence, recklessness, or intentionally dangerous conduct. In West Virginia, wrongful death cases are filed by a personal representative of the deceased’s estate—the person named to control or handle the decedent’s estate after they have passed. In filing a wrongful death case associated with medical malpractice, the personal representative—with the assistance of a wrongful death attorney—must provide evidence and arguments that establish that the named medical professional provided subpar patient care and that this approach led to the death of the victim.
Proving The Medical Malpractice Resulted In Wrongful Death
A wrongful death lawsuit consists of a complaint, which outlines the personal representative’s various claims against the medical professional, the hospital, their insurance company, or all parties. After the case has been filed, the attorney will engage in discovery, which means requesting evidence, statements, or other documents from the named defendants and others.
These procedures are complicated and require the assistance of an attorney who has extensive experience with wrongful death lawsuits. Once the evidence has been obtained and each party’s case is established, the matter will go before the court or a jury unless the matter is settled out of court. If a judge or jury finds that, based on the evidence presented by the personal representative’s attorney, the doctor or one of the other named parties committed malpractice and that conduct led to the death of the victim, the decedent’s estate will be entitled to compensation in the form of damages.
Damages You Can Receive
In all types of personal injury cases, the law uses the word “damages” to describe the monetary award that will go to the party who has been harmed. There are a few types of damages that plaintiffs may be awarded. These damages are granted by the court or the jury to cover financial expenses, to punish or discourage bad behavior potentially, or compensate plaintiffs for the emotional losses associated with the death of the victim in question.
Economic damages are monetary compensation for the loss of financial resources resulting from a death. Typical economic damages include compensation for funeral expenses, loss of expected income of the decedent, or payment of out-of-pocket costs.
Punitive damages are penalties meant to punish a provider’s outrageous conduct or discourage others from acting similarly. Punitive damages may be awarded, but the bar for proving punitive damages is high; thus, such awards are rare.
Wrongful Death Damage Award Caps
Noneconomic damages compensate for losses that are harder to calculate, like loss of companionship, support, and more. West Virginia law generally caps noneconomic damages at $250,000. On the other hand, economic damages are not capped, partially because they are both objective and readily determinable. Punitive damages are capped at four times the amount received for economic and non-economic damages, or up to $500,000.
Hiring A West Virginia Personal Injury Attorney
If you either know or suspect that you’ve lost a loved one to medical malpractice, knowing what to do and where to turn can be challenging. When you need experienced wrongful death or medical malpractice representation, look no further than Salango Law. The personal injury attorneys at Salango Law understand the law and processes involved and are ready to represent your family’s interests. To learn more about medical malpractice and wrongful death, schedule a free initial case review by calling (304) 342-0512 or visiting our website today. We look forward to speaking with you.