We rely on the expertise of medical professionals when we’re sick, injured, or facing a serious disease. In every interaction with the healthcare establishment, you should feel confident that you are receiving the best possible care for your condition. Unfortunately, that doesn’t always happen. If you’ve been injured by a physician, a Charleston medical malpractice lawyer can help you understand your legal rights.
Forbes Law Offices is proud to offer free consultations to patients who have been injured in Charleston, Kanawha County, and elsewhere in West Virginia. Our skilled attorneys have more than 75 years of combined experience advocating for victims of medical negligence, malpractice, and errors.
No two cases of medical malpractice are exactly alike. As attorneys, we understand the importance of recognizing and identifying the different ways that errors and negligence occur in healthcare settings.
As a West Virginia law office dedicated to advocating for injury victims in our community, we are equipped to handle a wide range of malpractice cases, including those involving:
If you were injured by a doctor or while in the care of a medical facility like a hospital, please reach out to Forbes Law Offices today. We’ll conduct a thorough and in-depth investigation into what happened so that we can build the strongest possible case on your behalf.
According to Johns Hopkins Medicine, medical errors are the third most common cause of death in the United States, accounting for approximately 10% of all fatalities. We can get a better understanding of this by considering other statistics surrounding negligence in healthcare settings:
No, you do not need to hire a lawyer to file a medical malpractice claim. However, working with a member of our legal team can be extremely beneficial if you are unsure of:
So, while there is no rule that requires you to work with a lawyer, choosing to work with an expert legal team will greatly improve your chances of securing the best possible outcome in your individual case.
Our team at Forbes Law Offices knows that you already have enough on your plate. That’s why we’re dedicated to making the process of finding and choosing a lawyer as easy as possible. When you call or contact our Charleston law firm, we’ll schedule you for a completely free case evaluation with a lawyer that is best suited to meet your needs.
And if you decide that we’re the right fit for your case, ask us about our no-win, no-fee services. We’re often able to take cases on a contingency fee, meaning you don’t owe us anything unless we win your case for you.
West Virginia state law requires you to obtain a screening certificate of merit prior to filing a medical malpractice claim or lawsuit. Requirements are set by WV Code §55-7B-6.
A screening certificate of merit is executed under oath after a health care provider who meets the standards of WV Code §55-7B-6 (1-3) has reviewed the details of your case and provided their expert opinion.
The purpose of this document is to lay the groundwork for the validity of your claim and to prevent cases without merit from being filed. So, while there is an important purpose to the screening certificate of merit, it can also create an additional roadblock for victims who are simply trying to get help for what they’ve been through.
When you work with Forbes Law Offices, you’ll have the assurance and backing of a knowledgeable legal team that will help you handle every aspect of your suit. From securing the screening certificate of merit to fighting for your rights in court, we’ll be with you every step of the way.
According to the West Virginia Hospital Association (WVHA), our state is currently dealing with a significant shortage of healthcare workers in four main categories:
These categories also have exceptionally high turnover rates, with nurses having the highest attrition rate at 26.3%.
When hospitals are regularly understaffed, it’s the patients who suffer the most. Less staff means fewer people to attend to patients’ needs and to notice when something is wrong. A tighter care schedule means troubling symptoms or critical information gets missed. And when a doctor, nurse, surgeon, or other health care professional is expected to attend to a high number of patients in a short period of time, mistakes are simply much more likely to happen.
In identifying a lack of accessible healthcare workers as a cause of medical malpractice, it is never our goal to excuse the behavior but rather to identify it as a causal factor. Staffing shortages are no excuse for poor care.
If you believe that the hospital could have prevented your injury by hiring and maintaining enough workers, get in touch with Forbes Law Offices as soon as possible. We’ll help you identify all sources of negligence in your case.
The concept of negligence is very important in medical malpractice cases. But to better understand negligence, we must first establish the meaning of two important terms:
Doctors have a duty of care to uphold the standard of care when treating patients. This is essential for proving that the four elements of negligence were present in your case, which are:
Every element of negligence must be met in order for you to have a valid legal claim.
Every member of our team of Charleston medical malpractice attorneys is prepared to help you investigate the mistreatment you suffered to establish liability. We’ll ensure that everyone who played a role in the negligence that caused you harm is held responsible for their actions.
A medical injury is a life-altering event. For many reasons, any harm that you suffer during the course of receiving medical treatment or care can have a significant impact on your current health and future well-being.
The knowledgeable attorneys of Forbes Law Offices advocate for full and fair compensation for victims of medical malpractice in the Charleston area and throughout West Virginia. We are prepared to help you fight for economic (financial) and noneconomic damages (non-financial) to cover:
While state law does not limit how much you can recover in economic damages, noneconomic damages are artificially limited to $250,000. To avoid missing out on compensation, it is vital that you work with a knowledgeable attorney who can correctly calculate the worth of your claim. This is a complex process that involves considering not only your past and current losses but also anticipating your future needs.
Forbes Law Offices is a reputable and experienced law firm located in Charleston, WV. Our dynamic approach to injury cases has allowed us to recover significant awards on behalf of those we represent.
We proudly serve clients from all across the state. Our attorneys are here to protect your rights when healthcare professionals try to pressure you into accepting anything less than what you deserve.
You can count on us to be by your side every step of the way. Our services include:
And while we always strive to reach an out-of-court settlement, if the other side refuses to play fair, we won’t hesitate to elevate matters to trial. Because we know what our clients are owed, and we refuse to accept anything less.
Below, you’ll find answers to some of the most frequently asked questions about medical malpractice. If you have any additional questions or concerns or would like to discuss your claim in an obligation-free setting, please contact our law office for a completely free informational meeting.
In West Virginia, you have two years from the date of malpractice or from the date that the injury should have reasonably been discovered to file your claim. This is known as the statute of limitations.
Don’t miss out on your right to justice. The longer you wait to speak with a lawyer, the more you risk missing out on important filing deadlines.
When you first meet with a lawyer, one of the most important questions to ask is, “What are your lawyer fees, and when do you collect them?”
At Forbes Law Offices, we are proud to take most cases on a contingency fee basis. This allows us to provide our legal services without any upfront payment. Instead, we only get paid as a small percentage of your final award, and only if we win your case.
We find that this arrangement allows individuals who are experiencing acute financial distress to still access high-quality legal representation.
Doctors aren’t the only ones who can be held responsible for medical errors. We can help you file a medical malpractice claim against a wide range of liable parties, including:
If a person or entity played a role in your negligent care, they should be held responsible for their actions.
Whether a doctor missed your cancer diagnosis, the pharmacy dispensed the wrong dosage of your medication or a surgeon operated on the wrong side of your body, we’re here to help.
Forbes Law Offices believes that every victim has the right to have their voice heard and respected. We know that what happened to you wasn’t right, should have never happened, and should never be allowed to happen again.
Through our actions, we not only help our clients recover compensation, but we also help influence real and actionable change that can protect other patients from enduring the same trauma in the future. Contact us online or by phone to schedule your first free meeting today.
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