Morgantown Medical Malpractice Lawyer

Medical Malpractice Attorney in Morgantown, WV

When patients see a medical provider, they deserve to feel safe and like they can rely on their team to care for them. However, this is often not the reality for many patients, and simple mistakes or severe recklessness can lead to injuries. If this has happened to you or someone you love, reach out to a skilled Morgantown medical malpractice lawyer to understand your legal rights and options under West Virginia law.

Hire a Medical Malpractice Lawyer to Protect Your Rights

With a background in defense, Hansberry & Wagoner, PLLC, knows how every side operates during a personal injury case. When you meet with Edmund Wagoner or Matt Hansberry, our seasoned attorneys, you can explain your situation in full detail. Our team has a long history of successful case results, and we take these injustices personally, whether we are negotiating a settlement or advocating for you at trial. From there, they can offer transparent legal advice, providing you with the knowledge you need to make informed decisions about your case. 

With over 30 years of combined legal experience, our team takes injustices personally. Whether you want to resolve your case as quickly as possible or go to trial, our lawyers can advocate on your behalf.

West Virginia Medical Malpractice Laws

Residents of Morgantown typically seek care at J.W. Ruby Memorial Hospital or Mon Health Medical Center. In 2024, $2,398,955 in economic damages were paid to West Virginia victims of medical malpractice, along with $13,215,200 in non-economic damages and $700,000 in punitive damages. 

When medical malpractice happens, you could file a legal case against the professional who injured you. You typically have two years to file, either from the date of the incident or when you first realized you were injured, whichever is later. 

Before filing, it’s essential to hire a medical malpractice lawyer to explain your rights. If you rush into your case without proper representation, it may lead to missteps that can jeopardize the outcome of your claim. Your attorney can help you file your claim at the Monongalia County Courthouse, located at 243 High Street.

Before you file, you must send the defendant a written notice that explains your intent to pursue a case against them.This must be done 30 days before you file your claim at the courthouse. 

A certificate of merit is typically required as well. A medical professional in a field similar to the perpetrator must provide an explanation of:

• What they believe should have been done with your care
• How the at-fault professional failed
• The harm that was caused by their mistake

However, if the malpractice is obvious, such as a surgeon operating on the wrong body part, you may not need a certificate of merit. Your Morgantown medical malpractice attorney can explain what specific laws apply to your unique case.

Evidence for Your Medical Malpractice Claim in West Virginia 

The amount of evidence needed for a malpractice claim depends on what happened during the incident and what evidence is available to preserve. Your attorney can collect:

• Copies of your medical records
• Photos and videos of your injuries
• Transcripts of any 911 calls
• Initial incident reports from the police or paramedics
• Surveillance footage that caught the incident on tape
• Eyewitness testimony from those who witnessed the incident, either family members of the patient, staff at the facility, or strangers in the vicinity
• Testimony from professionals in similar fields who can offer their opinions about what happened to cause your injuries
• Proof of your financial losses, such as lost income from not being able to work due to your injuries, along with copies of your medical bills
• Proof of your emotional losses, such as testimony from your therapist about your mental state since the incident happened
• A detailed, written timeline of events and your resulting losses
• Any other proof that can provide clarity to the court about what really happened

FAQs

What Are Common Medical Malpractice Cases in West Virginia?

In West Virginia, common medical practice cases can include:

• The provider failing to properly diagnose a patient 
• Birth injuries where the parent and/or child is injured
• Medication or treatment errors
• Patient death caused by inadequate, delayed, or wrong care

It can be difficult to know if your specific situation qualifies as medical malpractice, making it vital to work closely with a lawyer to understand your rights.

How Can a West Virginia Medical Malpractice Attorney Help Me?

A West Virginia medical malpractice attorney can help you during every stage of your legal case. They can:

• Listen to your situation.
• Offer professional advice about the next steps to take.
• Explain what your legal case may entail.
• Collect and preserve relevant evidence.
• File your claim within the appropriate deadline.
• Review your paperwork so there are no clerical errors.
• Represent you during negotiation meetings.
• advocate on your behalf during a potential trial.

Can I Open a Medical Malpractice Claim Against Multiple Parties in West Virginia?

You could open a medical malpractice claim against multiple parties in West Virginia, depending on what happened during your incident. Oftentimes, patients have an entire medical team during their medical treatment. This means that multiple people could have a part in the negligent acts. These can include doctors, paramedics, technicians, anesthesiologists, nurses, hospital staff, and even the hospital itself. 

What Four Things Must Be Proven for a Successful Medical Malpractice Case?

The four things that must be proven for a successful medical malpractice case in West Virginia are.

1. The medical provider had a legal duty to care for the patient. 
2. The provider failed in their duty to provide adequate care.
3. You suffered injuries and other losses because of the failure.
4. Your injuries were a direct result of the medical provider’s negligent actions. 

Speak With a Medical Malpractice Attorney Now

Reach out to Hansberry & Wagoner, PLLC, today to schedule a confidential consultation with one of our skilled team members. When you hire our firm, you’re working with West Virginia locals who care about their neighbors. New clients have direct access to their attorney during the entirety of their case.