Best Medical Malpractice Lawyers in Morgantown

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Bailey Glasser

Bailey Glasser

Morgantown, United States

Founded in 1999
123 people in their team
Founded by Ben Bailey and Brian Glasser in 1999 in Charleston, West Virginia, Bailey Glasser has grown to include 76 lawyers, with 17 offices across...
English

About Medical Malpractice Law in Morgantown, United States

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.

Why You May Need a Lawyer

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.

Local Laws Overview

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.

Frequently Asked Questions

What is considered medical malpractice?

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.

How long do I have to file a medical malpractice lawsuit in Morgantown?

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.

What kind of damages can I recover from a medical malpractice lawsuit?

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.

Do I need an attorney to file a medical malpractice lawsuit?

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.

What is the "standard of care" in a medical malpractice case?

The "standard of care" refers to what a reasonably competent healthcare professional would have done in the same circumstances.

Additional Resources

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.

Next Steps

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.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.