Practice Areas

Medical Malpractice

Medical Malpractice Frequently Asked Questions:

Medical Malpractice Case Illustrations

An Introduction to Medical Malpractice

It is estimated that 98,000[1]* people are killed every year by medical mistakes, yet often the circumstances of the deaths are closely guarded secrets. A study done by the Harvard Medical Practice Study Group determined that for every 8 potential medical malpractice claims, only 1 claim was actually filed. Patients, Doctors, and Lawyers: Medical Injury, Malpractice Litigation, and Patient Compensation in New York, Harvard Medical Practice Study Group (Cambridge, Mass.: Harvard University, 1990).

The trial lawyers at our law firm give patients and their families the right to hold the health care industry accountable when patients are killed or injured by medical malpractice. Medical malpractice occurs when a patient is injured because he or she did not receive proper medical care. Examples of medical mistakes include the following:

  • Failure to Diagnose a Medical Condition
  • Misdiagnosis of a Medical Condition
  • Failure to Properly Treat a Patient's Medical Condition
  • Failure to Diagnose Cancer
  • Failure to Properly Perform a Surgical Procedure
  • Failure to Safely Administer Anesthesia
  • Failure to Manage a Pregnancy or Deliver a Baby in a Safe Manner
  • Failure of a Nurse or Other Staff Member to Keep a Treating Physician Informed of a Patient's Condition
  • Failure to Administer Medications Properly
  • Failure to Protect a Patient From a Fall or Other Injury on Hospital Property

Most physicians perform their job admirably. In fact, one study in the West Virginia Sunday Gazette Mail shows that just 40 doctors were responsible for more than 25% of the 2,300 reported cases of medical malpractice between 1993 and 2001.

However, a 1999 study by the Institute of Medicine, which is part of the National Academy of Sciences, estimated 98,000 hospital patients in the U.S. die each year from medical malpractice. That's 268 deaths per day. This far exceeds the number of people killed in traffic accidents per year (43,450), or those who die yearly from breast cancer (42,300) or AIDS (16,400). In addition to death, medical mistakes can cause birth trauma, brain injury, paralysis, amputation, disability, and disfigurement.

[1] Institute of Medicine, National Academy of Sciences, To Err is Human, Building a Safer Health System (National Academy Press, 1999).

Where do I file a medical malpractice lawsuit? How much does a medical malpractice cost? How do I start? I think I have a case?

If you or a family member has been the victim of medical malpractice, take action now by making an appointment for a free consultation with a trial lawyer by calling toll free at 1-800-734-7070 or locally at 304-292-9429 or submitting a Action Sheet now.

What is Medical Malpractice?
Medical malpractice occurs when a patient is injured because he or she did not receive proper medical care. It is not enough that an adverse result occurred. The legal definition is codified and states that medical malpractice occurs when a health care provider has failed to exercise the degree of care, skill and learning required or expected of a reasonable, prudent health care provider in the profession or class to which the health care provider belongs, acting in the same or similar circumstances.

How do I know Whether I or a Family Member Has Been the Victim of Medical Malpractice?
Most injured victims, or surviving family members, never know that a medical mistake resulted in their injury or death. According to a Harvard University study, only one in eight people injured by medical negligence ever files a claim. Sometimes the medical error is obvious, such as the administration of the wrong medication, or a nurse or medical examiner informs the family that a medical error has occurred. Other times, the family suspects wrongdoing, however, the answer is not readily apparent. If you believe that you or a family member has been the victim of medical malpractice, take action now and make an appointment for a free consultation with one of the trial lawyers in our Morgantown office.

What is the Remedy for a Victim of Medical Negligence?
West Virginia law provides that a victim of medical negligence may be entitled to recover "non-economic" and "economic" damages. Non-economic damages include compensation for loss of a limb, blindness, paralysis, loss of sexual function or fertility, pain and suffering, mental anguish and grief related to the death of a family member. These damages are referred to as "non-economic" because they are not easily measured in terms of money. In comparison, "economic" damages are easy to calculate because they compensate people for such things as out-of-pocket medical expenses and lost income when they no longer can work due to malpractice.

How Can I Determine if My Doctor is in Good Standing With the State Licensing Agency?
All disciplinary actions are public information. They are reported to the Federation of State Medical Boards (FSMB), the National Practitioner Data Bank (NDPB), the Healthcare Integrity and Protection Data Bank (HIPDB) and/or the West Virginia State Board of Medicine. Copies of any "Consent Order" and/or "Order" may be obtained, at a cost of 75 cents per page, by sending a written request to the West Virginia Board of Medicine at 101 Dee Drive, Suite 103, Charleston, West Virginia 25311, Attention: Legal Department. Disciplinary actions taken against West Virginia physicians from 1990 to the present may be found on the internet site for the West Virginia Board of Medicine at http://www.wv.gov/Offsite.aspx?u=http://www.wvdhhr.org/.

How Do I Obtain a Copy of My Medical Records?
All health care providers in the State of West Virginia must furnish a copy, within a reasonable time, of all or a portion of the patient's medical records to the patient, his authorized agent, or authorized representative upon the written request of a patient (with certain exceptions provided by law). The health care provider shall be reimbursed by the person requesting the records at the time of delivery for all reasonable expenses incurred and the cost may not exceed seventy-five cents per page for the copying of any record or records and a search fee may not exceed ten dollars.

Where Do I File a Medical Malpractice Lawsuit?
A medical malpractice lawsuit may be filed in the county where the injury or death occurred or in the county where the health care provider resides. The trial lawyers can file a case for you anywhere in West Virginia and Pennsylvania.

We have successfully filed medical malpractice actions in West Virginia in Monongalia County, Marion County, Harrison County, Randolph County, Preston County, Grant County, Kanawha County, Taylor County, and Barbour County. In Pennsylvania, we have successfully filed medical malpractice actions in Allegheny County, Fayette County, and Greene County. Our trial lawyers are licensed to practice in every county in West Virginia and Pennsylvania.

How Much Does a Medical Malpractice Lawsuit Cost?
You can make an appointment for a free consultation with one of our trial lawyers by calling toll free at 1-800-734-7070 or locally at 304-292-9429. If you are a victim of medical malpractice, you may want to inquire about a "contingency fee" contract wherein the law firm advances litigation expenses and you do not pay unless we successfully win you're your case.

How Do I Start?
You can start by making an appointment for a free consultation with one of our trial lawyers by calling toll free at 1-800-734-7070 or locally at 304-292-9429.

Medical Malpractice Case Illustrations

Case #1

An orthopedic surgeon performed spinal stenosis surgery on a sixty-two year old patient. What should have been a very routine short stay in the hospital turned into a nightmare with the client being paralyzed from the waist down with no bowel or bladder control. The offending doctor allowed a blood clot to form and press on the nerves in this person's spine for a day and a half, while he traveled out of town for personal reasons and when he returned, it was too late to do anything. A STAT MRI ordered during his absence ("STAT" means "right now") took almost nine hours to obtain. The medical malpractice case settled prior to trial for an undisclosed sum of money.

Case #2

An orthopedic surgeon performed spinal surgery upon a coal miner who had sustained a work related back injury. The surgeon intended to operate on the L5/S1 level of the spine. Mistakenly, the surgeon erroneously performed the procedure on the sacroiliac region of the spine despite two x-rays that clearly showed he was operating in the wrong location. A second surgery was required which resulted in a massive infection that left the miner totally and permanently disabled. The medical malpractice case settled prior to trial for an undisclosed sum of money.

Case #3

A woman pregnant with twins traveled to a high risk pregnancy clinic for care and treatment. Upon her arrival at the hospital, the young lady was properly connected to a fetal heart monitor. When contractions increased and the client became distressed, physicians at the hospital decided they were "too tired" to deliver another baby that night, and deferred any delivery action until early the next morning. They sedated the mother and for some inexplicable reason, health care personnel disconnected the fetal heart monitor and performed no monitoring of the twin baby girls until approximately 5:20 a.m. By the time the medical mistake was discovered, one baby had died and the twin was in distress and died shortly after delivery. Autopsies revealed that both babies were normal and healthy and if they had been properly monitored, a timely Cesarean section would have produced two normal healthy babies. The medical malpractice case settled prior to trial for an undisclosed sum of money.

Case #4

A fifty-two year old woman suddenly began experiencing dizziness, nausea, vomiting, and profuse sweating at work. She was admitted to a local hospital to rule out any "intracranial abnormality." A CT scan revealed an "infarct in the inferior cerebellar region on the left." The hospital staff neurologist recognized the fatal risks of cerebellar edema associated with the diagnosis of an infarct but failed to monitor the progression of swelling of the patient's brain. During the hospital admission, the patient became "unresponsive" and was described as "unable to speak clearly" with "sounds of gurgling in the throat area" and no gag reflex at the time of suction. A second CT scan revealed an "evolving acute left cerebellar infarct with mass effect and probable impingement on the outflow of the ventricles with compression of the fourth ventricle." An emergent order was entered to transfer the patient to an acute care facility, however, the patient went into cardiac arrest and died. The Death Certificate reports the cause of death as "cerebellar infarct." The staff neurologist left the country soon after the death of the patient. The medical malpractice case settled prior to trial for an undisclosed sum of money.

Case #5

A thirty-two year old woman underwent a tonsillectomy at a local outpatient clinic and was discharged home. A week later, she began to notice a small amount of bleeding in the back of her throat. The bleeding worsened and she presented to a local hospital. The hospital contacted the clinic and the physician who performed the tonsillectomy. The physician ordered the patient transferred to the clinic via ambulance for follow-up care. The patient arrived at the clinic and the physician noted significant history of hemorrhage and ordered a transfusion of packed red blood cells for the blood loss. The blood products had to be ordered from a local blood bank. While the patient waited for the arrival of the blood products, the physician left the clinic for a prior appointment with a personal fitness trainer. During the wait, an artery in the back of the patient's throat ruptured and she died. The clinic was not prepared to respond to the crisis. The medical malpractice case settled prior to trial for an undisclosed sum of money.

The Doctors Know What Happened - Shouldn't You?
WE'LL PROVIDE THE ANSWERS

Doctors, dentists, chiropractors and other healthcare workers have a legal obligation to provide quality care based on generally accepted standards of practice. Negligent deviation from these standards can include the following:

Additional medical mistakes or errors can also result in serious personal injury or wrongful death.

Medical malpractice laws, while designed to protect an injured person's right to pursue damages, often leave individual medical malpractice cases expensive and complex to pursue. The medical malpractice attorneys of Wilson, Frame, Benninger & Metheney, PLLC, have successfully litigated hundreds of cases involving medical or legal malpractice and have the skills, resources, and experience to obtain the damages you deserve for medical expenses, long-term care, and pain & suffering.

Most cases are automatically contested, requiring expert medical consultation at the onset to determine if a claim has merit. Wilson, Frame, Benninger & Metheney, PLLC, utilizes the resources of a variety of medical practitioners and other experts to review all aspects of a claim and provide testimony as to why the medical care provided was inadequate. Our experts also keep abreast of cutting-edge litigation technology, utilizing computer animation, videos, and medical models to fully illustrate the case to a jury.

Contact Our West Virginia Medical Negligence Attorneys

The medical negligence attorneys at Wilson, Frame, Benninger & Metheney, PLLC, represent clients throughout West Virginia and Western Pennsylvania. Our firm offers free initial consultations, 24-hour legal service, and contingency fee arrangements on all medical negligence cases.

If you or a family member has been injured as a result of a medical error, please contact our medical negligence lawyers for a free initial consultation. Our attorneys can be reached toll free at 1-800-734-7070, by e-mail, or by filling out the intake form on the Contact Us page.

The offices of Wilson, Frame, Benninger & Metheney, PLLC, are located in Morgantown, West Virginia. We serve clients throughout West Virginia and Western Pennsylvania, including the cities of Morgantown, Fairmont, Clarksburg, Kingwood, Elkins, and Grafton.

William L. Frame J. Michael Benninger Wesley W. Metheney If it were me... I'd Call Wilson, Frame, Benninger & Metheney PLLC. 304-292-9429 / 1-800-734-7070 / The Lawyers You Choose Make A Difference