Medical Malpractice

West Virginia Medical Malpractice Lawyer

If instead of helping you, the medical treatment you received has left you or a loved one seriously injured, you now have to ask yourself several questions:

  • Did the medical professional who treated you make a mistake?
  • Did negligence lead to that mistake?
  • Have you been seriously injured as a result of that negligence?

If you were injured as a result of medical malpractice, you need to call Jan Dils right now!

Medical mistakes are the third-leading cause of death in the United States, trailing only heart disease and cancer. Medical malpractice cases are complex, costly, and incredibly time-consuming.

Because the evidence required to prove malpractice is complicated by nature, you are going to need the testimony of both legal and medical experts.

Jan Dils' experienced medical malpractice attorneys have assembled a professional team of medical injury lawyers in West Virginia to review the facts of your medical malpractice case.

What is Medical Malpractice?

When you, or someone you care about, suffers a serious injury during, or as the result of a medical treatment, our West Virginia medical malpractice attorneys will work with you to evaluate your case. In a medical malpractice lawsuit, the injured party bears the burden of proof, and this means you must prove that:

  • Your healthcare provider made a mistake during your care, AND
  • This mistake caused or exacerbated your injury, or hampered your recovery; AND
  • You suffered damages significant to justify the costs and time associated with litigation, and for which a jury can compensate you.

If you believe that you were injured as a result of a healthcare provider’s negligence, please call our medical injury lawyers to discuss your legal matter. We are here to help, and there is no charge for an initial consultation.

You Need an Attorney for Medical Malpractice Cases

Caps on medical malpractice damages are fairly high in West Virginia as opposed to many other states. Using the Joint and Several Liability Standard, West Virginia allows each party of a suit to be awarded full judgement against each defendant provider regardless of how many there are. This means that each responsible party is liable for the entirety of the verdict regardless of how much they were at fault. West Virginia Medical Malpractice attorney - Jan Dils

Any person who believes they may be a victim in a medical malpractice suit has two years to file a claim. If they wait longer, the West Virginia Statute of Limitations will bar action regardless of culpability.

The two year clock starts at the time of injury, or on the date the plaintiff should have reasonably discovered the injury. In the case of death, the two years logically starts from the date of death.

Medical Malpractice Involving Children

Medical malpractice involving children under the age of ten has a slightly longer period in which a claim can be brought. In such case, claims must be filed either within the two years or prior to the child's twelfth birthday, whichever time frame is longer.

Proving Medical Malpractice Claims

Expert testimony is required to both establish and prove that the medical standard of care was in fact breached. With the rare exception involving the most simplest of cases, the expert must be in a similarly related medical field as the defendant.

While there is no cap on economic losses, non-economic damages are capped at $250,000. Under extreme cases involving horrific injury or wrongful death, this figure could potentially double. Unlike most other states, West Virginia does not require doctors to carry medical malpractice insurance.

West Virginia Medical Malpractice Attorney

If you or a loved one are 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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