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While many medical treatments and procedures effectively heal illnesses and improve lives, some cause unreasonable harm to patients. Johns Hopkins estimates that 10 percent of deaths are due to medical error, making it the third leading cause of death in the United States. The number of people injured due to medical mistakes is even higher.
If you were injured or lost a loved one because of a healthcare professional’s negligence, a Parkersburg medical malpractice lawyer from our firm can assist you with filing a civil claim. Our team’s personal injury attorneys are well-versed in identifying medical errors and advocating for fair compensation on behalf of wrongfully injured patients.
Medical errors can occur in many different stages of a patient’s treatment, some of which could constitute actionable malpractice.
Patients have a right to know what to expect from any medical procedure a doctor performs or any medications prescribed to them and should be made aware of any risks. Doctors must provide this information to the patient and obtain their consent before treatment begins. If the patient’s consent is not voluntarily given and they are harmed by the procedure or medication, the doctor could be held liable for medical malpractice.
A delay or failure to properly diagnose a patient’s condition could lead to injury, illness, or even death. If a physician does not use the correct diagnostic testing or misinterprets the results, the patient may have a valid claim for damages.
A physician may prescribe the wrong medication for a patient’s condition, administer an incorrect dosage, or fail to recognize the prescribed medications’ possible negative interactions. These errors may breach the medically accepted standard of care in Parkersburg.
Obstetricians and other medical personnel should know what dangers to look for during labor and delivery. Failure to adequately monitor the mother’s and baby’s respiration rates, properly use forceps, or control blood loss post-delivery are examples of actionable medical mistakes.
A local medical malpractice attorney can identify whether any of these errors played a significant role in your case and determine if your physician or the hospital staff breached their standard of care.
While a physician may be the most obvious defendant in many medical malpractice cases, an injured or sick patient may file a claim against nurses, lab technicians, outpatient clinics, or hospitals if they did not receive adequate care. If prescribed drugs are inherently dangerous or a defective medical device causes undue harm to a patient, the drug or device manufacturer may also be liable. Our Parkersburg attorneys can identify the responsible parties in your medical malpractice lawsuit and ensure they are held accountable for their negligence.
If a medical error results in a patient’s death, their surviving family may file a wrongful death claim. Under West Virginia Code §55-7-6(c), loved ones of the decedent could recover certain damages, including:
Jan Dils, Attorneys at Law, can assist a grieving family in filing a claim for a loved one’s passing after an incident of medical malpractice.
Under WV Code §55-7B-4, a medical malpractice action must be filed within two years of the error or within two years of the date when the patient discovered it, whichever is later. However, an injured or sick patient cannot pursue a medical malpractice claim more than 10 years after the date of the error. To prevent the dismissal of your claim, you should discuss this deadline, known as the statute of limitations, with a knowledgeable malpractice lawyer on our team.
Medical errors can affect both the patient and their family for a lifetime. Our Parkersburg medical malpractice lawyers can seek fair compensation for your damages or your loved one’s death due to a medical mistake. Call Jan Dils, Attorneys at Law, today to speak with one of our compassionate legal advocates.
Jan Dils, Attorneys at Law