Every day, thousands of people in West Virginia and throughout the United States trust medical professionals to provide safe and effective treatment. Surgeons often face difficult procedures that demand their full attention and competency. While medicine is inherently uncertain and there is a margin for error in any surgical procedure, all surgeons have a professional duty of care to prevent harm to their patients and perform procedures following all applicable standards of care.
Unfortunately, surgical errors can and do happen, sometimes with devastating consequences for patients. Medical malpractice occurs whenever a medical professional, such as a surgeon, fails to meet the standard of care a patient requires, or when they are negligent in performing medical treatments. If you or a loved one recently suffered an injury because of a surgical error in Morgantown, WV, you may have grounds to file a medical malpractice claim.
An experienced Morgantown surgical error attorney is the ideal resource to consult in this situation. Medical malpractice claims are personal injury claims, but they entail unique statutory rules and legal proceedings. You need an attorney who has experience handling this type of case to represent you in a surgical error claim.
You might think that if you sustained an injury from a surgical error that fault for the incident is readily apparent and you should have minimal difficulty holding the at-fault party accountable. However, this is rarely true, and medical malpractice claims are some of the most complex civil claims any person can face. If you want the best chance of maximizing your recovery from an incident of medical malpractice, you need legal representation you can trust.
The attorneys of the Wilson, Frame & Metheney, PLLC Law Firm have more than 75 combined years of professional experience representing clients in the Morgantown, WV area in a wide range of medical malpractice claims, including those pertaining to surgical errors. We understand the anxiety and uncertainty that often follows injuries from medical malpractice and the difficult legal proceedings victims face in the civil court system. Our goal is to help you determine the full scope of your claimable losses and secure maximum compensation on your behalf through the personal injury claim process. Instead of trying to manage your legal affairs while recovering, have our team handle your case proceedings on your behalf.
Every state has unique laws pertaining to medical malpractice claims. If you intend to pursue a medical malpractice claim for a surgical error in Morgantown, WV, you must file your claim within two years of the incident, or within two years of discovery of the incident. However, the statute of limitations “tolls” or pauses in the event a medical professional takes any action to conceal their negligence.
There are also procedural requirements you must meet that are unique to medical malpractice claims. Your Morgantown surgical error lawyer can help you obtain a certificate of merit from a qualified medical professional who can testify as to the nature of your injury. This certificate of merit must come from a medical expert with similar qualifications to those of the defendant and explain the violation of the standard of care that harmed the plaintiff. The plaintiff must then submit this certificate of merit with a Notice of Claim to each defendant they intend to sue within 30 days of filing their medical malpractice claim.
Success with a medical malpractice claim hinges on the ability to prove that the defendant named in the claim failed to meet the appropriate standard of care for the plaintiff’s condition. When it comes to surgical error claims, the plaintiff must prove that the defendant failed to perform the procedure correctly or otherwise failed to meet the standard of care for the plaintiff in a manner resulting in measurable harm.
There are two types of damages available to a plaintiff in a medical malpractice case: economic damages, which repay measurable financial losses caused by the defendant’s actions, and noneconomic damages, which compensate the plaintiff’s pain and suffering. West Virginia does not cap claimable economic damages in medical malpractice cases. The plaintiff can seek compensation for the cost of any corrective medical treatment they require to fix a surgical error as well as long-term care costs related to their surgical error injury. They can also secure compensation for lost income resulting from the incident as well as lost earning capacity if they cannot return to work due to their surgical error injury.
Noneconomic damages, however, are limited under West Virginia law. A plaintiff may only seek up to $250,000 in pain and suffering compensation for medical malpractice. However, this limit jumps to $500,000 in the event of death, permanent deformity, or loss of a limb or bodily organ system. The caps are adjusted to reflect a cost-of-living adjustment. This may apply to permanent disabilities, permanent disfigurement, or reduced ability to live independently.
The right attorney can make a tremendous difference in the outcome of any civil case, including a medical malpractice case for a surgical error. Your Morgantown surgical error lawyer will carefully review the details of your experience from the defendant’s negligently performed treatment, consult relevant medical experts who can testify as to the breach of the standards of care, and help you prove the full scope of your claimable damages.
The Wilson, Frame & Metheney, PLLC Law Firm has helped many Morgantown, WV clients succeed with their medical malpractice claims, securing the compensation they need to resume a relatively stable quality of life following their experiences. Surgical errors can result in life-changing medical complications for the victim, and the immediate economic fallout from such an incident can accumulate very quickly. It’s natural to have questions and concerns about your rights and options for legal recourse in this situation, so it’s vital to connect with a Morgantown surgical error attorney as soon as possible.
Our team has the resources and experience you need on your side in a surgical error claim. The Wilson, Frame & Metheney, PLLC Law Firm can provide ongoing support and guidance throughout all of your case proceedings until you reach an acceptable conclusion to your case. If you are ready to discuss your legal options with a Morgantown surgical error attorney, contact us today to schedule a consultation with our team.
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