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When you go to a doctor of any kind, the expectation is that they will do everything in their power to care for you to the best of their ability. Unfortunately, sometimes things don’t go as planned and you are injured as a result of a mistake that could have been prevented by your medical professional. It is important that you have as much information as possible about medical malpractice claims, so you can make sure you get the recourse you deserve if anything goes wrong. If you believe you are in need of a Morgantown medical malpractice attorney, please reach out to Robinette Legal Group, PLLC today. We offer free case consultations.
At Robinette Legal Group, PLLC, we are committed to helping our clients recover maximum compensation for the losses they have endured. As a firm, we choose to limit the clients we take on, so we can provide each client with personalized attention. Our priority is always to meet our clients’ goals and needs.
We offer free case consultations, where we can answer any questions or concerns you have prior to filing a claim or hiring an attorney. In addition, we take cases on a contingency basis, meaning you do not have to pay us until after we secure the compensation you need. As former insurance defense attorneys, we know what to expect from insurance companies and we know how to best handle negotiations with them. If taking the case to court is the best option for you, we are prepared to do that. Our firm also has the resources to bring in experts who can help determine the true extent of your injuries and prove your claim.
Generally speaking, medical malpractice claims have a statute of limitations, or time limit, of two years in West Virginia. The two-year time limit begins either at the time of the injury or two years from when you should have discovered the injury with the exercise of reasonable diligence. If your medical malpractice claim is for death and not an injury, you must file within two years of the date of death.
It is also important to understand that West Virginia has a statute of repose. In West Virginia, this means that once ten years have passed from the date of the malpractice, your claim is barred, no matter when you discovered the injury. Even if you had no reason to know about the injury, if ten years have passed, you can no longer file a claim in most cases.
If the person who suffered the injury is under the age of 10, you must bring the claim within two years of the date of the injury or before the child turns 12 years old, whichever period is longer in time.
The damage cap is the limit on how much you can recover in compensation from a medical malpractice claim. In most circumstances, West Virginia has a cap of $250,000 per claim for non-economic losses. Non-economic damages are a way of compensating you for the intangible losses you suffered. They can include pain and suffering, emotional distress, and lost enjoyment. In some cases of catastrophic injury and death, that cap is increased to $500,000 per claim.
There is no cap on economic losses, meaning you can recover any amount of compensation. Economic damages are monetary losses that can be measured. They include medical expenses, lost income, and other calculable damages.
West Virginia operates under the premise of joint and several liability. Therefore, if the claimant sues multiple people, such as the doctor and other employees of the hospital, the claimant will be able to recover the entire amount from all or one of the defendants if the court determines that the defendants are responsible for the claimant’s injuries (or death). This gives the claimant a higher possibility of recovering damages because if one or two of the defendants cannot pay, the claimant can collect the entire amount from any one single defendant.
If the court determines that the actual physician’s responsibility is less than 25 percent of the overall negligence, then the physician would only be responsible for a prorated share of the verdict based on the percentage of their fault.
West Virginia medical malpractice claims are also governed by comparative negligence. If there is a determination made that the claimant’s percentage of responsibility is equal to or greater than the combined negligence of all the other parties involved, the claimant’s action is barred. If the claimant’s fault is determined to be less than the combined percentage of all the defendants’, the claimant is then permitted to recover damages. The damages would be reduced by the proportion of the claimant’s own negligence or carelessness.
If you or a loved one has suffered an injury or death due to medical malpractice, it is vital that you reach out to a professional. If you are unsure of whether or not you have a legitimate claim or you require help in understanding the filing deadlines, you can benefit from the assistance of an attorney. Our attorneys can provide you with proper guidance and make the legal process easier for you. We will make sure that you do not miss your deadline for filing or make a mistake that may delay your claim.
Additionally, we handle all cases on a contingency fee basis. This means there are no costs for our services until after we win your case. You can rest assured that if we take on your case, we are confident in our ability to help you. We are willing and able to go the extra mile to ensure that you are treated with dignity and respect in this difficult time. Contact Robinette Legal Group, PLLC if you have any questions at all regarding medical malpractice. We are here to help in any way we can. Call us at (304) 594-1800 or fill out our convenient online contact form.
“Attorney Robinette was very knowledgeable in his field of expertise. He represented himself in a professional manner, with honesty and dignity. I was always kept well informed and kept up to date on a regular basis. His staff was very courteous and knowledgeable and very patient.”