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Home » Charleston Personal Injury Attorney » Charleston Medical Malpractice Attorney

Charleston Medical Malpractice Attorney

Charleston Medical Malpractice Lawyer

We rely on the expertise of medical professionals when we’re sick, injured, or facing a serious disease.

Every time we visit a health care establishment, we should feel confident that we’re receiving the best possible care. Unfortunately, that doesn’t always happen. Medical malpractice can have devastating consequences for ourselves and our families.

According to Johns Hopkins Medicine, more than 100,000 Americans die or are permanently disabled in the United States each year due to medical mistakes, making it the third-leading cause of death.

If you’ve been injured by a physician, a Charleston medical malpractice lawyer can help you understand your legal rights and navigate the complexities of a malpractice claim.

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. Contact us if you need help now.

Understanding the Different Forms of Health Care Provider Negligence

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 health care 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:

  • Anesthesia errors
  • Birth injuries
  • Emergency room errors
  • Failure to treat
  • Medication errors
  • Misdiagnoses and failure to diagnose
  • Nursing home abuse
  • Surgical errors

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 an in-depth investigation into what happened so that we can build the strongest possible case on your behalf.

Medical Malpractice Statistics—Nationwide & West Virginia Data

A Studies in Health Technology and Informatics article published by the National Library of Medicine (NLM) in 2017 outlines how as many as 251,000 patients lose their lives due to preventable mistakes each year in the U.S. The following are some additional insights regarding these instances:

  • Diagnostic errors are responsible for 17% of preventable errors among patients in hospitals, per the Agency for Healthcare Quality and Research (AHRQ).
  • An estimated 4,000 surgical errors occur in the U.S. each year, per one recent StatPearls study published by the NLM.
  • Documentation and charting errors are noted in up to 20% of all malpractice lawsuits. (NIH)
  • Medication errors kill as many as 9,000 people annually, according to a 2022 West Journal of Emergency Medicine study.
  • West Virginia has a critical shortage of nurses, per the West Virginia Public Broadcasting station, WVPB.

Do I Need a Charleston Medical Malpractice Attorney To File a Claim?

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:

  • The statute of limitations
  • State and federal laws that apply to your case
  • How to collect and preserve evidence
  • How to talk with insurance adjusters
  • The correct way to calculate the totality of your losses
  • How to negotiate full and fair compensation
  • What to do if your case goes to court

So, while no rule requires you to work with a medical malpractice attorney in Kanawha County, choosing to work with an expert legal team will greatly improve your chances of securing the best possible outcome in your case.

What Do I Need to File a Malpractice Lawsuit?

West Virginia state law requires you to obtain a screening certificate of merit before filing a medical malpractice claim or lawsuit. This requirement is set forth 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, 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.

A qualified medical malpractice lawyer in Charleston can help you handle every aspect of your suit, from securing the screening certificate of merit to fighting for your rights in court.

The Impact of Staff Shortages on Patient Safety

A new study from the University of Pennsylvania School of Nursing states that 47% of nurses and 32% of physicians have experienced high burnout, and 40% of the former saying that they would leave their jobs if they could.

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, mistakes are simply much more likely to happen.

In identifying a lack of accessible health care 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.

The bottom line is that staffing shortages are no excuse for poor care. So, if this is a factor that you believe contributed to your health decline or that of a close family member, get in touch with us at Forbes Law Offices to schedule a free case evaluation. We’ll connect you with a Charleston medical malpractice lawyer in our office to discuss what the next steps in your case should be.

Proving Negligence for Medical Errors

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:

  • Standard of Care – The benchmark by which a health care provider’s actions are measured, typically set by considering what another physician would do if placed in the same or similar situation.
  • Duty of Care – The legal duty to treat that is created upon the establishment of the doctor-patient relationship.

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:

  1. That the doctor, specialist, nurse, hospital, facility, or medical professional in question owed you a duty of care.
  2. That the medical professional in question violated that duty by failing to uphold the standard of care during your treatment.
  3. That you were injured because of the violation of the duty of care.
  4. That you suffered measurable and verifiable financial losses as a result of your injuries.

Every element of negligence listed above must be met for you to have a valid legal claim.

Your medical malpractice attorney is prepared to help you investigate the mistreatment you suffered to establish liability and ensure that everyone who played a role in the negligence that caused you harm is held responsible for their actions.

Your Right to Compensation in Situations Involving Health Care Negligence in WV

A medical injury is a life-altering event. For many reasons, any harm that you suffer while receiving medical treatment or care can have a significant impact on your current health and future well-being.

A knowledgeable attorney advocates for full and fair compensation for victims of medical malpractice and are prepared to help you fight for economic and noneconomic losses to cover:

  • Doctor’s office bills
  • Hospital fees
  • Surgical expenses
  • Radiology and testing copays
  • Transportation fees
  • Medications
  • Rehabilitation and therapeutic services
  • Pain and suffering
  • Mental anguish
  • And much more

While state law does not limit how much you can recover in economic damages, noneconomic damages are limited (capped) to $250,000. To avoid missing out on compensation, you should work with a medical malpractice lawyer in Charleston 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.

Fighting for Justice With Forbes Law Offices

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 med mal attorneys are here to protect your rights when health care 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:

  • A complimentary case evaluation with a compassionate and experienced medical malpractice lawyer
  • A thorough investigation into what happened (including collecting and analyzing evidence)
  • Correctly calculating the value of your claim
  • Handling communication with the insurance company on your behalf

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.

Let a Charleston Medical Malpractice Lawyer in Our Office Help You

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.

We also believe 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. When you hire a Charleston medical malpractice lawyer in our office, they not only help you recover compensation, but we also do our part to influence real and actionable change that can protect other patients from enduring the same trauma in the future.

Contact us today for a free consultation.

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