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.
In order to prevail in a West Virginia medical malpractice claim, the injured party has the burden of proof, including proving the following:
In West Virginia, you usually only have two years to file a lawsuit against the person who injured you. If your medical malpractice 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.
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 McGinley & Simmons, PLLC, we represent medical malpractice victims throughout West Virginia. Contact us today for a free consultation and evaluation of your claim.
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