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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 and throughout the state experience medical errors that cause a new medical condition or make an existing one worse.
Every medical practitioner in Huntington is legally obligated to provide competent care to their patients. However, not all medical errors are considered malpractice. Proving medical negligence and its impact on your life is a complex legal undertaking.
A Huntington medical malpractice lawyer on our team could help you prove these elements in court and work with qualified experts to strengthen your claim for compensation. Do not hesitate to connect with one of our steadfast personal injury attorneys for assistance in your case.
According to West Virginia Code §55-7B-3, medical malpractice occurs when a healthcare provider fails to treat a patient with a reasonable level of skill, care, or learning, and thereby causes an injury or death. The success of 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. This requires the testimony of a qualified expert witness.
Under WV 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 the same field of medicine as the defendant doctor. Our Huntington attorneys can provide more information about the concept of medical malpractice and help locate and hire qualified experts.
While only a qualified medical expert can weigh in on whether a defendant doctor’s behavior meets the specific definition of medical malpractice, it is possible to evaluate a healthcare provider’s care from a non-expert perspective to determine whether a deeper investigation is appropriate.
Some instances of medical negligence are obvious, like when a surgeon leaves a tool or device inside a patient after a procedure, for example. Unfortunately, most cases alleging medical malpractice are harder to prove.
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 medical negligence claim. Even general practitioners or family doctors may commit malpractice by improperly diagnosing a condition or prescribing the wrong type or dose of medication. Let one of our Huntington lawyers perform an initial evaluation to determine whether pursuing an in-depth medical malpractice case is warranted.
All medical professionals in Huntington and throughout the state have the same duty to provide competent care and take reasonable steps to ensure the wellbeing of patients. Failure to provide adequate care that results in new afflictions or a worsening of an existing condition may constitute medical negligence.
If you believe that a healthcare provider’s negligence caused your losses, contact a Huntington medical malpractice lawyer now. Our team is ready to explain your rights, perform an initial case evaluation, measure your losses, and work with qualified medical experts who can prove your case in court. Call today to get started on your claim.
Jan Dils, Attorneys at Law