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Medical Malpractice in WV

Medical malpractice can have serious and long-lasting consequences for patients. If you believe that you or a loved one has experienced medical malpractice, it can be challenging to know what to do next. In this blog, we will discuss what steps you should take if you experience medical malpractice in WV, including seeking medical attention, gathering evidence, and working with an experienced medical malpractice attorney.



Top 3 Things You Should Do

When You Experience Medical Malpractice in WV


Seek Medical Attention


If you experience medical malpractice, it is essential to seek medical attention as soon as possible. Your health and well-being should always be your top priority. If you are experiencing pain, discomfort, or any other symptoms, you should seek medical attention immediately.

Additionally, seeking medical attention can help to document your injuries and establish a timeline of events. Be sure to keep a record of any medical treatment you receive, including the names of healthcare providers, medications prescribed, and procedures performed.


Gather Evidence


If you believe that you or a loved one has experienced medical malpractice, it is important to act quickly. In WV, the statute of limitations for medical malpractice cases is two years from the date of the injury. If you fail to file a claim within this time frame, you may lose your right to pursue compensation for your losses. So you need evidence as soon as possible. This may include medical records, witness statements, and expert opinions. Here are some specific steps you can take to gather evidence:


1) Obtain Medical Records

You have a legal right to obtain copies of your medical records. Medical records can provide valuable information about the treatment you received, including medications prescribed, procedures performed, and test results.


2) Collect Witness Statements


If there were witnesses to medical malpractice, be sure to obtain their contact information and ask them to provide a written statement. Witness statements can be valuable evidence in a medical malpractice case.


3) Obtain Expert Opinions


Medical malpractice cases often require expert opinions from medical professionals. Your medical malpractice lawyer can also help you find and retain qualified medical experts who can provide an opinion on the standard of care and whether the healthcare provider's actions deviated from the standard of care.


4) Document Your Injuries


Be sure to document any injuries you have suffered as a result of the medical malpractice. Take photos of any visible injuries, keep a journal of your symptoms, and keep records of any missed work or other losses you have suffered.


Work with an Experienced West Virginia Medical Malpractice Attorney


Medical malpractice cases can be complex and challenging to navigate. It is essential to work with an experienced medical malpractice attorney who can guide you through the legal process and maximize your chances of success. 


When choosing an attorney to represent you in a medical malpractice case, there are several factors to consider. First, look for an attorney who has experience specifically in medical malpractice cases. Ask about their track record of success and whether they have worked on cases similar to yours.


Second, look for an attorney who is responsive and communicative. You want an attorney who will keep you updated on the progress of your case and answer any questions you may have.


Third, consider the attorney's fees. Most medical malpractice attorneys work on a contingency fee basis, meaning they only receive a payment if you receive a settlement or verdict in your favor. However, the percentage they take can vary, so be sure to discuss this upfront.




Here are some reasons why working with an experienced attorney is essential:


Understanding of the Law


An experienced medical malpractice attorney will have a deep understanding of West Virginia Medical Malpractices Laws and the legal process. They will know what evidence is necessary to prove your case, how to negotiate with insurance companies and healthcare providers, and how to present your case effectively in court.


Network of Medical Experts


Medical malpractice cases often require complex medical knowledge. An experienced attorney will have a network of medical experts that they can call upon to provide testimony and evidence in support of your claim.


Avoid Common Mistakes


Failing to file your claim within the statute of limitations or failing to properly document your injuries can harm your case. An experienced attorney will ensure that all legal requirements are met and that your case is as strong as possible.


Maximize Your Compensation


An experienced attorney can help you maximize your compensation for medical expenses, lost wages, pain and suffering, and other losses related to medical malpractice.



experienced medical malpractice attorney

Some of the different types of medical negligence cases our firm frequently handles include:


  • Birth injuries
  • Defective medical devices
  • Sexual assault by a doctor or another medical professional
  • Misdiagnoses
  • Surgical errors
  • Anesthesia errors
  • Improper or incorrect treatment or diagnoses
  • Failure to diagnosis
  • Failure to treat
  • Failure to treat in a timely manner
  • Failure to conduct the appropriate medical tests
  • Medication errors
  • Transfusion errors
  • Emergency room delays
  • Premature hospital releases
  • Negligence leading to infection
  • Inattentiveness by hospital staff
  • Many more


In Conclusion:


If you experience medical malpractice in WV, it can be a challenging and stressful experience. However, by seeking medical attention, gathering evidence, and working with an experienced medical malpractice attorney, you can take steps to protect your health and well-being and pursue compensation for your losses.


By taking the appropriate steps, you can protect your rights and pursue the compensation you deserve. If you have any questions or concerns about medical malpractice in WV, consult with an experienced attorney like Kevin P Davis who can provide guidance and support throughout the legal process.





Physicians and other medical personnel have a duty to their patients to provide a standard of care based upon specific protocols and compliance standards. If the standard of care is not followed, that could be indicative of medical malpractice.


In West Virginia, to prove medical malpractice, it is necessary to present qualified expert testimony that indicates negligent treatment. KPD Law works closely with medical professionals to investigate, develop and prove claims of malpractice.


KPD Law has an established record of success in representing clients who have been damaged or injured by others whether it be from a car accident, mining accident, medical malpractice, birth injuries, cerebral palsy, trucking accident, mesothelioma, wrongful death or other catastrophic events. We are trial medical malpractice lawyers who will fight for your cause! You owe us nothing unless we recover damages for you. If you can’t come to us, we will come to you!




OUR MEDICAL MALPRACTICE LAWYERS ARE COMPASSIONATE, COMPETENT, AGGRESSIVE AND EXPERIENCED.
OUR MEDICAL MALPRACTICE LAWYERS WILL FIGHT TO PROTECT YOU! 


DON’T HESITATE TO CALL US.


CALL KEVIN P. DAVIS AT LAW TODAY AT 304-380-9080!

 


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