What Is Doctor Negligence?
Cranston & Edwards PLLC – Morgantown, WV Trial Attorneys
We have all heard of careless and unprofessional doctors and medical personnel with a poor bedside manner, who perhaps rush around and don’t spend time listening to their patients, or who don’t seem to really know what they’re doing – but is this actually negligence? It is important to understand how negligence is defined to determine if you may be able to file a claim to recover damages as a result of the losses you or a loved one sustained. The laws governing medical malpractice in West Virginia are complex. If you believe you have suffered a serious injury as a result of the negligence of a medical professional, contact Cranston & Edwards PLLC for a free case evaluation before the statute of limitations expires. Call: 304-296-3500.
WV Statute of Limitations for Medical Malpractice
In the state of West Virginia, your lawsuit for a medical malpractice claim must be “commenced within two years of the date of such injury, or within two years of the date when such person discovers, or with the exercise of reasonable diligence, should have discovered such injury, whichever last occurs.” The burden of proof is on you. No claim can be filed in any case after ten years pass since the malpractice happened.
Screening Certificate of Merit & Notice of Claim Requirement
If you have standing to file a claim, the doctor or medical provider being sued must be served with a Notice of Claim by certified mail at least 30 days prior to filing your lawsuit. The Notice of Claim must include:
- A list of all medical providers being sued
- A statement indicating the grounds of the lawsuit
- A Screening Certificate of Merit (a statement from a WV medical expert familiar with the WV Standard of Care which includes an opinion of how the defendant’s treatment failed to adhere to the applicable Standard of Care, as well as how the failure caused injury)
What Is the WV Standard of Care?
The Standard of Care is defined by West Virginia law as “that 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.”
Examples of Medical Negligence
Medical providers have a legal duty to treat their patients with the industry-accepted Standard of Care. Any treatment that fails to meet the Standard of Care may be considered medical negligence if it causes injury to the patient. Some of the most common incidents of medical negligence include:
- Unacceptable/unreasonable delays in diagnosis or treatment of a condition
- Failure to diagnose/ treat a condition when it should have been diagnosed/treated
- Birth injuries
- Errors prescribing or filling medication
Learn more about medical malpractice case here. If you believe you have been victimized by a medical provider, contact Cranston & Edwards PLLC for a free case evaluation. Call: 304-296-3500.
WV Medical Malpractice Experts
Cranston & Edwards PLLC has over 55 years of collective experience securing settlements and judgements in excess of one million dollars for our clients. We have access to top medical experts in all fields throughout the state of West Virginia to establish and prove our clients’ cases. If you are unable to come in to our office in Morgantown due to the severity of your injuries, we will come to you.