What Everyone Needs To Know About Medical Malpractice Claims

What Everyone Needs To Know About Medical Malpractice Claims

If you watch local television for any period of time, you’ll likely see a commercial − or several − for an attorney who’d like to help you with a medical malpractice claim.

It’s difficult to understand this type of claim when you only have a 30-second commercial as a reference. Plus, a lot of these attorneys have websites that lack the specific information you may need to understand medical malpractice claims.

Below is an overview of these types of claims, and information on what you can do if you feel that you or someone you love has been the victim of medical malpractice.


Medical malpractice, like a lot of other personal injury claims, involves a form of negligence. In this case, a medical professional, doctor or hospital is responsible for the negligence.

It occurs when a negligent act or omission occurs, and the result causes an injury to a patient. The negligence may result in an error in treatment, aftercare, diagnosis, or health management.

Personal injury lawyers or Medical Malpractice attorney can help you out to claim Medical malpractice and file a case upon it.


There is a lot of confusion about what is and isn’t a medical malpractice claim. For the most part, a known complication from a surgery won’t result in a medical

What Everyone Needs To Know About Medical Malpractice Claims

Medical malpractice, like a lot of other personal injury claims, involves a form of negligence.

malpractice claim. For instance, if you have surgery on your neck, and the pain persists after surgery, that is likely a risk of having the surgery.

If the surgeon did nothing wrong, then there is not likely a case there. A traditional medical malpractice claim must have evidence of the following: a violation of the standard of care occurred, an injury was caused by the negligence, and the injury resulted in significant damages.

There are countless examples of medical malpractice. The following list includes the most common examples:

Failure to diagnose or misdiagnosis
Misreading or ignoring laboratory results
Unnecessary surgery
Surgical errors or wrong site surgery
Improper medication or dosage
Poor follow-up or aftercare
Premature discharge
Disregarding or not taking appropriate patient history
Failure to order proper testing
Failure to recognize symptoms


What should you do?

If you believe you’re a victim of medical malpractice, make sure you have proper evidence to help back up your claim. Gather your medical records from your medical provider, the hospital if you had an extended stay, and the records from your surgery if surgery is a part of your claim. A good claim includes evidence before and after the malpractice occurred.

Hiring a qualified attorney is one of the best things you can do for a medical malpractice claim. If you or a loved one has been the victim of medical malpractice, it is essential that you contact a West Virginia personal injury attorney prior to the statute of limitations.

Do not leave yourself unprotected. Every patient deserves to be medically cared for with the utmost standard of care. The medical field is for healing, not undue injury.

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Jan Dils, Attorneys at Law

Jan Dils, Attorneys at Law