West Virginia Medical Malpractice Lawsuits

Filing a claim

To bring a West Virginia medical malpractice suit, negligence must be shown on the part of a professional health care provider such as a doctor, nurse, dentist, technician, hospital or hospital worker. These parties are held to performance standards that are the accepted standard of care of others in their profession who have similar training and experience. When the actions of the health care professional result in harm to a patient, the health care professional may be liable for negligence.

Plaintiff has the burden of proof

In order to prevail in a West Virginia medical malpractice claim, the injured party has the burden of proof, including proving the following:

• The appropriate standard of care for the professional or professionals involved in the case. For example, the injured party must show the type of care and skill usually provided in the same or similar circumstances.
• The doctor, nurse, hospital or other health care provider failed to adhere to the established standard of care
• There was an injury
• The injured party would not have been injured but for the failure of the health care professional to adhere to the standard of care
• It is more likely than not that the injury occurred because of the acts or omissions of the doctor or health care professional

You have limited time to bring a West Virginia medical malpractice lawsuit

In West Virginia, you usually only have two years to file a lawsuit against the person who injured you. If your lawyer has not been able to come to an agreement with any involved parties, you should file a West Virginia medical malpractice lawsuit before the two-year statute of limitations runs out.

Get the right personal injury lawyers. Right now.

If you or a loved one has been injured, there is no time to waste. You need an experienced personal injury attorney working on your behalf immediately. At Charleston's DiTrapano, Barrett & DiPiero, PLLC, we represent medical malpractice victims throughout West Virginia. Contact us today for a free consultation and evaluation of your claim.