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Whether to get an x-ray after a fall or for the treatment of a chronic or life-threatening illness, just about everyone consults with a medical professional throughout their life. When circumstances require a visit to a doctor’s office, emergency room, or hospital, most have no choice but to place significant trust in the training and judgment of the nurses, physicians, and staffers whose actions may sometimes fall short.
As such, if you have suffered due to the negligence of any medical practitioner, a Charleston medical malpractice lawyer could provide you with the guidance you need. Our caring personal injury attorneys could navigate you through the legal nuances of these cases and work hard to ensure that you receive the compensation you need to fully recover.
Given the complexities of modern medicine, it is not a surprise that there is a seemingly endless list of scenarios which could possibly result in a viable medical malpractice claim. Some of the common situations that may result in malpractice claims include:
Due to the highly technical nature of these situations, claimants should reach out to a lawyer in Charleston who has a strong track record of handling medical malpractice claims.
To succeed in a malpractice lawsuit, plaintiffs must show that they sustained tangible harm due to a medical professional’s failure to meet the prevailing standard of care under the circumstances. Potential claimants must realize that just because they did not get the outcome they desired or are dissatisfied with their treatment experience, that does not necessarily mean that they have a valid claim. Generally, a claimant must be able to prove that the healthcare provider at issue did not meet to the level of skill, competence, or judgment required, and therefore, caused the claimant to sustain losses as a result.
Plaintiffs must meet several basic elements for a medical malpractice claim to succeed. They must establish that a doctor-patient relationship existed at the time of the harm, that the professional did not meet the relevant standard of care, and that their failure to do so was the direct cause of the damages suffered. To do this, it is generally necessary for an attorney in Charleston to work collaboratively with medical experts, eyewitnesses, economic loss analysts, and others during a medical malpractice case.
Medical malpractice produces harm that impacts entire families for years, placing financial burdens, physical strain, and emotional trauma on patients that are difficult to overcome. For this reason, the compensation regularly awarded in successful malpractice claims encompasses items such as medical and rehabilitation costs, home care services, lost wages, reduced quality of life, physical suffering, and emotional distress.
There are several key procedural requirements for filing a medical malpractice claim. One of the most important is the two-year limitation period imposed by West Virgina Code §55-7B-4. As such, prospective claimants must initiate litigation within two years of the injury or the date at which they were aware or should have been aware of the harm sustained. Even if the injury was discovered after two years have passed, filing of such an action is not permitted more than ten years after the event giving rise to it.
In addition, no fewer than 30 days before filing suit, plaintiffs must send a “notice of claim” to the defendant that includes details of the claim and the liability theory on which it rests. This notice must also include a “screening certificate of merit” provided by a medical professional who is qualified to serve as an expert under the state’s court rules. This statement must incorporate an explanation of how the expert believes the prospective defendant’s conduct constituted malpractice. An experienced attorney in Charleston could help a claimant meet all of these filing procedures in a medical malpractice case.
The task of successfully proving a medical negligence claim is not a simple one. The procedural hurdles and evidentiary challenges are substantial, but so is the potential compensation for those harmed by a failure on the part of a healthcare provider. If you wish to explore your options after such an event, contact a Charleston medical malpractice lawyer today.
Jan Dils, Attorneys at Law