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604 Virginia Street East,
Charleston, West Virginia 25301

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304-342-0133.

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West Virginia Medical Malpractice Laws

Help from medical malpractice law firms

It would take a significantly long time for the average individual to educate himself or herself on malpractice law.  After all, it is a complex, multi-faceted, and ever-changing field of legal practice.  However, some background knowledge is good to have if you must bring a case against a healthcare professional while using a medical malpractice law firm in West Virginia.

The following are a few quick facts about malpractice law in West Virginia that the malpractice attorneys at DiTrapano, Barrett & DiPiero, PLLC would like you to know:

  • How long you have to pursue a case under the statute of limitations.  Although every case is unique, the majority of claims for malpractice must be brought against defendants within two years of the date that harm was caused, or within two years of the date it should have been discovered.  There are some situations where could be given more time, but generally you must act quickly and consult with a lawyer.
  • Why expert testimony is needed for your claim.  Under medical malpractice laws in West Virginia, it must be proven that the defendant failed to uphold a reasonable standard of care for his or her profession, and that this failure led to injury on behalf of the plaintiff.  In order to provide evidence for this, expert testimony usually must be presented, often in the form of statements and testimony by medical professionals who are highly regarded in their field.  The West Virginia medical malpractice law firm of DiTrapano, Barrett & DiPiero, PLLC has spent decades forming relationships and procuring the help of exactly these types of medical experts, resulting in numerous settlements and cases won for our clients.
  • Damage award limits. West Virginia medical malpractice law places monetary limits on the damages you can collect if the doctor in question has medical malpractice insurance for one million dollars or more. Noneconomic damages, such as compensation for the pain and suffering due to your injuries, are limited to $250,000, while actions that involve traumatic injuries are limited to $500,000. We do our best to reach a malpractice settlement for you, but if the insurance company for the doctor or hospital is not reasonable, we use our combined 160 years experience to take your case to trial to get you the compensation you and your family deserve.

Contact our West Virginia medical malpractice law firm today

If you or a loved one is injured, there is no time to waste.  You need attorneys experienced in West Virginia malpractice law to begin working on your behalf immediately.  At DiTrapano, Barrett & DiPiero, PLLC, we also represent victims statewide in personal injury and trucking accident cases.  Contact us today at 304-342-0133 for a free consultation and evaluation of your claim.