A West Virginia medical malpractice attorney can help individuals or their family members pursue a legal claim against a health care provider who has suffered any injury or even death because of negligence. A health care provider, such as a doctor, nurse, dentist, or medical care facility that has failed to provide standard medical care causing injury or death may be found negligent in a malpractice claim.

Because there is a statute of limitations which gives you a time limit on filing a malpractice claim, it is best to contact a reputable and experienced attorney at your first inclination of a problem with your medical care. Your attorney can help determine whether your situation warrants a medical malpractice case, and the date in which the statute of limitations expires. In many cases this is two years from the date of injury.

As in personal injury cases, many medical malpractice attorneys provide a free initial consultation to discuss the merits of your case. You may want to bring your medical records to this appointment. Attorneys in medical malpractice cases are most often paid on a contingency fee basis, meaning a percentage of your final settlement. West Virginia does not have statutory limits on attorney’s fees, so you will want to discuss this with your attorney. In addition to attorney’s fees there are costs associated with the pursuit of a medical malpractice case. These costs can include things like copies and postage to expert witnesses and travel expenses. You will want to have an understanding of the costs involved and the repayment of those costs.

Expert witnesses while not specifically required by West Virginia law, are still used in most all medical malpractice cases. The expert is often a medical practitioner in the same field as the defendant. Expert witnesses help a jury understand what the appropriate standard of care was, how the defendant failed to provide that care and make the connection between this failure and the injuries or death of the patient.

West Virginia provides for the recovery of both economic and non-economic losses in a medical malpractice case. The jury in a medical malpractice case in West Virginia is informed that non-economic damages cannot exceed $1,000,000. Non-economic losses are for pain and suffering, while economic losses are for lost wages and medical costs.

Medical malpractice cases often take years to pursue. You will have a relationship with your attorney and his or her staff throughout this time. Many offices have nurse legal consultants, paralegals and others who will work with you and keep you informed throughout the legal process.

Find legal information and lawyers that specialize in Medical Malpractice by state: