MEDICAL MALPRACTICE & OTHER INJURY ATTORNEY SERVICES
What is Medical Malpractice
in West Virginia?
While medical malpractice generally refers to any injury caused by the negligence or substandard treatment from a medical professional, West Virginia has specific laws about it. For instance, West Virginia does not mandate that physicians carry malpractice insurance, and also does not have a Patient Compensation Fund like other states. While economic losses are not capped (medical expenses, loss of income, etc.), non-economic losses are. Claims for pain and suffering, emotional distress, loss of enjoyment, and other aspects of suffering medical malpractice are capped at $250,000. In cases involving catastrophic injury or wrongful death, the cap is $500,000. West Virginia has also issued a two-year statute of limitation for medical malpractice claims, so it is important to contact an experienced personal injury lawyer as soon as possible.
Filing a Medical Malpractice Claim
in West Virginia
Building your medical malpractice claim requires testimony from an expert medical professional, evidence, and other aspects that all play a big part in your case. In order to file a claim, your situation must meet the following criteria:
Subpar Standard Of Care, Or a Violation of the Standard Care
Resulted in an Injury That can Be Proven
Significant Damages occurred
Expert Testimony From a Medical Professional
- Subpar Standard Of Care, Or a Violation of the Standard OF Care
- Resulted in an Injury That can Be Proven
- Significant Damages occurred
- Expert Testimony From a Medical Professional
Additionally, according to West Virginia Code Section 55-7B-7, a medical expert who testifies on the medical standard of care must be “engaged or qualified in the same or substantially similar medical field as the defendant health care provider.” It is the duty of the court to determine what constitutes medical malpractice and what the claimant is entitled to, but the staff at the law firm of Lusk & Bradford in Beckley, WV, can provide you with the best case possible. Call our office today at (304) 255-5628 if you have been the victim of medical malpractice in southern West Virginia.
Proudly Serving Workers
in Southern West Virginia
Conveniently located in Raleigh County, WV, Lusk & Bradford Attorneys at Law serves a wide area in southern West Virginia. We proudly provide residents throughout the region with reliable legal services from an experienced staff, so call our office today if you believe you are in need of a lawyer. We serve all of the following locations: