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Medical malpractice law in Morgantown, United States revolves around the principle that health care professionals have a duty to provide treatment that complies with accepted standards. If this standard isn't met, and a patient is harmed as a result, there may be a case of medical malpractice. This can include cases of negligence, misdiagnosis, failure to treat, surgical errors, and medication errors among others.
If you or a loved one have suffered as a result of medical negligence or substandard care, a medical malpractice lawyer can help. A lawyer will conduct a detailed investigation, gather evidence, consult with experts, and construct a solid case on your behalf. They will handle negotiations with insurance companies and, if necessary, represent you in court. This is crucial, as these cases can be complex and difficult to prove.
In West Virginia, where Morgantown is located, the statute of limitations for medical malpractice claims is two years from the date the injury was or could have been discovered, but not more than 10 years from the date of injury. In cases involving minors, the period extends until the child's 12th birthday. A required pre-suit screening process is in place to ascertain the merit of the claim before filing a lawsuit.
Medical malpractice can occur whenever a healthcare provider deviates from the recognized "standard of care" in the treatment of a patient, leading to injury or death.
In West Virginia, you typically have two years from the date of the negligence or from when the injury was or should have been discovered. This can extend to a maximum of 10 years from the date of the medical error, with some exceptions for minors.
You may be eligible to recover both economic and non-economic damages, including medical expenses, loss of income, pain and suffering, and, in some cases, punitive damages.
While it's technically possible to represent yourself, it's highly recommended to hire an attorney due to the complex nature of medical malpractice cases.
The "standard of care" refers to what a reasonably competent healthcare professional would have done in the same circumstances.
The West Virginia Board of Medicine and the West Virginia Office of the Attorney General are valuable resources for individuals seeking additional information about medical malpractice. State and local legal aid organizations can also provide assistance.
If you believe you have a medical malpractice claim, you should consult with an attorney specializing in this field. They will guide you through every step of the process, from filing the lawsuit to possible settlement negotiations or court proceedings. Remember, each case is unique, and an experienced attorney can help ensure your legal rights are protected.
