A routine trip to the emergency room or a doctor’s office could lead to a hospital admission. Those undergoing treatments expect to receive proper care, but negligence could worsen the patient’s health. So, a trip to the hospital may precede a trip to a West Virginia civil court when the patient files a malpractice lawsuit. West Virginia laws guide the requirements for exploring such litigation.
Medical malpractice in West Virginia
Medical malpractice centers typically on harm caused by a doctor or another health care provider’s negligence. A doctor could fail to diagnose a condition properly, if at all. Or, a physician may prescribe the wrong treatment or discharge a patient too early. Ultimately, malpractice can take many forms, with the common thread being negligence caused harm.
“Harm” involves not only physical injuries or death but even financial losses. Someone who misses weeks of work due to a doctor’s error could seek compensation in court. The plaintiff would need to follow West Virginia law when making a claim.
West Virginia laws and rules
Negligent parties may pay a price for medical malpractice. In West Virginia, the law establishes “joint and several liabilities,” meaning the victim could collect total compensation from one party even when multiple persons contributed to the harm.
West Virginia has a two-year statute of limitations for medical malpractice claims, but the Mountain State also has a generous 10-year statute of repose. The statute of repose may benefit those whose injuries manifest long after the initial injury-inflicting incident.
Often, medical malpractice claims get resolved through insurance settlements. Still, the insurance company may attempt to settle for less than what the victim deserves. Intense and serious negotiations may lead to a preferable outcome.
