The human musculoskeletal system is generally very robust and able to recover from injuries with time, rest, and appropriate medical care. However, some orthopedic injuries can cause a lifetime of medical complications and chronic pain. When an individual suffers an orthopedic injury, they have the right to expect competently administered medical care from their attending physicians. When medical professionals fail to treat orthopedic injuries correctly, or when they cause such injuries due to negligent application of medical technique, they commit medical malpractice.
If you or a loved one recently sought treatment for an orthopedic injury and your attending physician failed to treat the problem correctly, or if you suffered an orthopedic injury from negligent medical care of any kind, it’s essential to speak with an experienced Morgantown orthopedic injury attorney as soon as possible.
The Wilson, Frame & Metheney, PLLC Law Firm can provide the comprehensive legal representation you need when faced with a difficult medical malpractice case. Orthopedic injuries can be life-changing, and if a negligent medical professional caused the problems you’re currently experiencing, you have the right to hold them accountable for their actions with a medical malpractice suit. Our team has more than 75 combined years of experience handling medical malpractice cases on behalf of our clients in Morgantown, WV. We know the common signs of medical malpractice, and we are ready to assist you with the difficult proceedings ahead of you.
Many orthopedic injuries are difficult to treat, but attending physicians are expected to adhere to appropriate standards of care in treating their patients. It can be difficult to determine when medical malpractice has occurred, and even more difficult to accurately assess the full scope of damages resulting from malpractice. If you or a loved one experienced an orthopedic injury because of negligent medical care, or if your attending physician failed to treat an orthopedic injury appropriately, you likely have grounds for a medical malpractice claim.
Medical malpractice cases fall within the purview of personal injury, but there are unique legal statutes that apply to these cases. For example, West Virginia law upholds strict laws that dictate the statute of limitations for filing medical malpractice claims, the appropriate procedures for doing so, and limitations on noneconomic damages. No matter how straightforward your orthopedic injury claim may seem at first, you need legal counsel you can trust to help you navigate your claim proceedings efficiently.
The Wilson, Frame & Metheney, PLLC Law Firm can provide the meticulous and responsive legal counsel you need when faced with a complex medical malpractice claim in Morgantown, WV. We have extensive experience handling difficult malpractice suits and know how the local civil court system tends to handle such cases. Our goal in every case we accept is to help our client approach their case with confidence and maximize their recovery.
“Orthopedic injury” is a relatively broad claim that can apply to most types of musculoskeletal injuries. Some of the most commonly reported orthopedic injuries in West Virginia are:
These are just a few examples of orthopedic injuries a person may sustain from a wide range of possible causes. When these individuals seek treatment for these injuries, attending physicians must adhere to the applicable standard of care and perform treatments competently while accounting for known medical conditions and other variables. When they fail to uphold this responsibility and injure the patient, this qualifies as medical malpractice.
Medical malpractice claims pertaining to orthopedic injuries typically entail extensive damages. The plaintiff may have suffered more serious injury due to the defendant’s negligence, or the medical negligence they encountered may have prevented them from securing the appropriate care they needed to recover. Your Morgantown orthopedic injury attorney can help you determine the full scope of the damages you can seek in your claim and assist you with the procedural requirements of the case.
It’s important to note that West Virginia recognizes unique rules for medical malpractice cases. Medicine is inherently uncertain in many ways, and medical errors are more common than many people may expect. However, the determining factor as to whether a victim has grounds for a medical malpractice claim is the standard of care that applies to their situation. Your attorney must help you obtain a certificate of merit from a relevant and qualified medical expert who can report as to whether the defendant in your case adhered to the appropriate standard of care your condition required. You must submit this certificate and a Notice of Claim to the defendant you intend to sue at least 30 days prior to filing your lawsuit.
A successful medical malpractice claim can potentially help the plaintiff recover compensation for any medical treatment they require to fix the defendant’s error, lost income from time they were forced to spend home from work due to the defendant’s negligence, and lost earning capacity if the defendant’s actions left them unable to work in the future. West Virginia law limits pain and suffering compensation in medical malpractice claims to $250,000 unless the defendant caused permanent harm, in which case the limit extends to $500,000.
The Wilson, Frame & Metheney, PLLC Law Firm can help you navigate your case and hold the defendant accountable for the harm you experienced. If you are ready to discuss your legal options with an experienced Morgantown orthopedic injury lawyer, contact us today and schedule your consultation with our firm.
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