West Virginia Medical Malpractice Lawyer

Medical Malpractice Attorney in West Virginia

When a medical provider makes a mistake or acts negligently, the patient is the one to suffer as a result. If you have experienced pain or injuries due to the actions of a medical professional, seek legal counsel from a skilled West Virginia medical malpractice lawyer. They can listen to the details of your situation and navigate every stage of your case.

A West Virginia Law Firm You Can Count On

Hansberry & Wagoner, PLLC, is a West Virginia law firm with a focus on helping residents of West Virginia feel empowered during the entirety of their legal case. Our skilled attorneys, Edmund Wagoner and Matt Hansberry, have over 30 years of combined legal experience, along with a background in defense. This gives us valuable insight into how the other side thinks during legal cases.

Common Examples of Medical Malpractice in West Virginia 

Medical malpractice can be physically and emotionally traumatic for survivors. However, it can be difficult to know if your specific situation counts as malpractice. Common types of malpractice cases we take on at Hansberry & Wagoner, PLLC, include:

• Being misdiagnosed or having your diagnosis delayed. This can happen often to patients, especially women, people of color, and elderly patients. However, this type of situation can happen to anyone of any background. If a doctor dismisses your pain or downplays it, and you suffer as a result of that, you could open a case against them. 
• Medication errors. This can happen in situations such as a nurse giving you the wrong medication dosage, a medication you are allergic to, or the wrong medicine altogether.
• Surgical errors. This type of malpractice can have extreme consequences. It can include instances such as a medical sponge or tool being left inside your body or the wrong body part being operated on.
• Birth injuries. These are injuries sustained during the birthing process, either to the parent or the baby. This can happen either before, during, or soon after the birth of your child. These injuries can range from mishandling the infant during birth, leading to lifelong disability, or failing to monitor the parent during pregnancy, leading to injuries. 
• Anesthesia mistakes and miscalculations. If an anesthesiologist fails to monitor you, such as giving you too much anesthesia or too little, it can lead to injuries occurring. 

To understand whether you can pursue a legal case, hire a medical malpractice lawyer to offer their opinion and legal guidance.

Ways a West Virginia Medical Malpractice Attorney Can Handle Your Case

Throughout 2024 in West Virginia, 966 medical malpractice claims led to a settlement, 360 claims led to a dismissal of the case, and 185 claims were withdrawn or not pursued. It’s nearly impossible to take on a medical malpractice case alone, especially when you’re struggling with your physical and emotional recovery process. 

Victims can quickly find themselves in severe medical and personal debt, alongside their mental trauma from the incident. This can impact every facet of a person’s life. You deserve to recover your losses to help you move forward. A skilled lawyer can:

1. Listen to the specific details of what happened to you. During this time, they can offer their honest opinion and advice about what they believe you should do next in your case.
2. Gather relevant evidence. Attorneys with experience in malpractice typically have connections to medical providers for professional testimony. They can reach out to eyewitnesses to record their official statements, and they can request access to the practice’s security footage. A local attorney also has intimate knowledge of what can sway a court’s opinion during a case. This allows you to focus on your recovery while your lawyer manages your case.
3. Represent your interests and protect your rights during legal proceedings. Whether during mediation sessions with the other party involved in the case or during a potential trial, your lawyer should have vast knowledge of state laws, and they can use that insight to protect you at every stage of your case. They can keep you from misspeaking, accepting a lowball offer, and becoming overwhelmed by the at-fault party’s legal counsel.

At Hansberry & Wagoner, PLLC, our lawyers put empathy at the forefront when meeting new clients, and they work directly with them throughout every stage of their case. We understand how painful medical malpractice can be, both physically and mentally. When you hire our firm, our goal is to help you regain control of your life after experiencing trauma. 

FAQs

What Evidence Do I Need for My Medical Malpractice Case?

You need as much evidence as possible for your medical malpractice case. This can include:

• Copies of your medical records and bills
• Security footage of the incident
• Eyewitness and professional testimony
• Proof of lost income
• Testimony from your loved ones about your mental status since the incident
• Proof of your pain and suffering
• Photos and videos of your injuries
• A written timeline of events and your resulting losses

How Long Do I Have to File My Medical Malpractice Case in West Virginia?

You typically have two years to file your medical malpractice case under West Virginia medical malpractice laws, either from the date of the incident or when you first discovered your injuries, whichever is later. However, before you can file your claim, you have to send the at-fault provider a written notice of your intent to file. You must send this notice 30 days before filing your case.

Can You File a Medical Malpractice Claim Against Multiple Parties in West Virginia?

You could file a medical malpractice claim against multiple parties in West Virginia if multiple people were at fault. These can include:

• Doctors
• Surgeons
• Nurses
• Hospital or facility staff
• Paramedics
• Anesthesiologists
• Technicians
• The facility or the hospital itself

Your attorney can explain which parties you might file your claim against.

What Compensation Can I Recover in a Medical Malpractice Case?

The amount of compensation you can recover in your medical malpractice case depends on the severity of your injuries, the liability of the provider, and what other losses you’ve suffered from the incident. You can request compensation for your medical bills, lost income, and emotional losses, such as your pain and suffering, along with the loss of enjoyment of life.

Hire a Medical Malpractice Lawyer Who Can Advocate for You

Contact Hansberry & Wagoner, PLLC, today to learn more about how Edmund Wagoner and Matt Hansberry can represent you during this difficult time. Our mission is to help our West Virginia neighbors and community members during their times of need. Let us take care of your legal case so you can focus on your physical and emotional recovery.