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Every person who visits a doctor, dentist, or hospital deserves to be treated in a way that does not cause undue harm. Despite this expectation, many people in Huntington experience medical errors that create a new medical condition or make an existing one worse. A Huntington medical malpractice lawyer can help you understand whether what happened to you rises to the level of malpractice, and what compensation may be available.
Every medical practitioner in Huntington is legally obligated to provide competent care to patients. Not all medical errors qualify as malpractice, however, and proving negligence along with its impact on your life is a complex legal undertaking. A Huntington medical malpractice attorney can help prove these elements and work with qualified experts to strengthen a claim for compensation.
According to West Virginia Code § 55-7B-3, medical malpractice occurs when:
Success in a medical malpractice lawsuit depends on a claimant’s ability to prove that a provider’s actions, or inaction, violated the medically accepted standard of care in their particular field, which requires testimony from a qualified expert witness. This standard applies equally whether the provider is a solo practitioner in a small clinic or part of a large hospital system.
Under West Virginia Code § 55-7B-7, an expert must base their opinion on the facts of the case and established medical science. Any complaint alleging medical malpractice must include a certificate of merit from an expert who practices in the same field of medicine as the defendant provider. Meeting this requirement usually means retaining a specialist who can speak credibly to how a similarly situated provider should have acted under the same circumstances.
Before a medical malpractice lawsuit can even be filed, West Virginia law requires claimants to serve a Notice of Claim on every health care provider they intend to sue, generally at least 30 days in advance, along with the certificate of merit described above. This pre-suit process, required under West Virginia Code § 55-7B-6, is unique to medical malpractice claims and does not apply to most other types of personal injury cases. Missing a step in this process can jeopardize an otherwise valid claim, which is one reason a medical malpractice lawyer in Huntington should be involved before any paperwork is filed rather than after.
Huntington’s two major hospital systems, Cabell Huntington Hospital and St. Mary’s Medical Center, both serve as teaching hospitals for Marshall University’s Joan C. Edwards School of Medicine, and both are now part of the unified Marshall Health Network. This teaching relationship means medical residents, fellows, and students routinely participate in patient care alongside supervising physicians, particularly in departments like surgery, obstetrics, and emergency medicine where hands-on training is central to the residency experience.
That structure raises specific questions in a malpractice claim: whether a resident was operating within the scope of appropriate supervision, whether the supervising physician’s oversight met the accepted standard of care, and whether a patient was properly informed about who would actually be performing or assisting with a procedure.
Huntington medical malpractice attorneys handling a case involving one of these hospitals may need to evaluate the roles of multiple providers, not just the attending physician whose name appears on the chart. This can mean serving a Notice of Claim and certificate of merit on more than one provider, since a resident, a supervising physician, and the hospital itself may each bear some responsibility depending on how the case unfolded.
While only a qualified medical expert can weigh in on whether a provider’s conduct meets the specific legal definition of malpractice, it is possible to evaluate care from a non-expert perspective to determine whether a deeper investigation is warranted.
Some instances of negligence are obvious, such as when a surgeon leaves an instrument or device inside a patient after a procedure. Our Huntington surgical error attorneys also regularly handle less obvious cases, including:
Outside the operating room, an emergency room doctor may commit malpractice by failing to properly set a bone, diagnose a heart attack, or admit a patient to the hospital when necessary. Failure to order proper tests or correctly interpret test results can also form the basis of a successful claim, as can a general practitioner improperly diagnosing a condition or prescribing the wrong medication or dosage.
A Huntington surgical error lawyer handling any other type of medical negligence claim can perform an initial evaluation to determine whether pursuing an in-depth case is warranted.
Medical malpractice claims in West Virginia are generally subject to a two-year statute of limitations, running from the date of injury or the date it was discovered, subject to an outer limit of ten years from the date of the error in most circumstances. Because the pre-suit notice and certificate of merit process takes time to complete, it is important to begin that process well before the underlying deadline arrives.
West Virginia also places a specific limit on non-economic damages in medical malpractice cases: generally $250,000 per occurrence, adjusted annually for inflation, rising to $500,000 for wrongful death, permanent disfigurement, or an injury that permanently prevents a patient from being able to independently care for themselves. Economic damages, such as medical bills and lost income, are not subject to this cap.
Most cases begin with a consultation in which an attorney reviews the medical records, the treatment timeline, and the injuries involved to determine whether the facts support a viable claim. If the case moves forward, the next step is typically retaining a qualified expert to review the records and prepare the certificate of merit required before the Notice of Claim can be served.
Once the pre-suit notice period has run, a lawsuit can be filed if the matter has not resolved. Many malpractice cases eventually settle once both sides have a clear picture of the medical evidence and the extent of the patient’s damages, though some proceed to trial when a provider’s insurer refuses to offer fair compensation. Throughout this process, having an attorney manage deadlines and provider communications helps make sure nothing falls through the cracks during what is often a lengthy and document-heavy undertaking.
In nearly all situations, yes. West Virginia law requires a certificate of merit from a qualified medical expert before a lawsuit can be filed, and expert testimony is typically needed at trial to establish the standard of care and how it was breached.
Cases involving a teaching hospital like Cabell Huntington Hospital or St. Mary’s Medical Center can involve extra layers of review, since a resident’s actions and the supervising physician’s oversight may both need to be evaluated. A medical malpractice lawyer Huntington patients contact for this type of case will typically request training records and supervision protocols in addition to the standard medical chart. This does not make a claim any less valid, but it can mean identifying more than one potentially responsible party.
Most medical malpractice claims must be filed within two years of the injury or its discovery, subject to a ten-year outer limit in most circumstances. Because the pre-suit process takes time, it is best to contact an attorney well before that deadline.
Economic damages are not capped. Non-economic damages are generally capped at $250,000 per occurrence, rising to $500,000 for wrongful death, permanent disfigurement, or a permanent inability to care for oneself, with both figures adjusted for inflation.
Bring copies of any medical records you already have, a timeline of what happened as best you remember it, contact information for the providers involved, and any bills or documentation of financial losses connected to the treatment. Additional records can be requested once an attorney is retained, but having this information on hand from the start helps make the most of the initial consultation.
If you believe a healthcare provider’s negligence caused your injuries, contact us online to speak with Jan Dils, Attorneys at Law about your case. Our team is ready to explain your rights, perform an initial case evaluation, measure your losses, and work with qualified medical experts who can help prove your case.
To Schedule an Appointment, Call Us Toll Free at 1.877.873.8208 or Email Us for a Prompt Response.
Jan Dils, Attorneys at Law
