All surgery has its risks, as any doctor will tell you, even surgeries that are considered non-essential.

Elective surgeries are those that you can schedule in advance. While most people consider “elective” and “optional” interchangeable, that isn’t always the case. Elective surgeries or procedures are often not optional but are usually not immediately necessary.

Put more simply, it’s a surgery you choose to have for a better quality of life versus a surgery you need for a life-threatening condition.

A doctor, nurse, or health care facility hurt you, and now you’re dealing with the aftermath on your own. There is help available, though. The Charleston medical negligence attorneys at DiPiero Simmons McGinley & Bastress, PLLC have compiled information about some of the most important and relevant West Virginia medical malpractice laws.

If you have any questions about the content of this post or would like help understanding your own legal situation, we are always available to meet for no-cost, no-obligation case evaluations.

In this post, we’ll cover topics like:

• How long you have to file a medical malpractice claim, and what exceptions, if any, may apply.
• The types of health care providers and medical facilities that can be held responsible for negligent or reckless actions.
• The four elements of negligence that every medical malpractice claim must meet.

Although the terms “negligence” and “malpractice” are often used interchangeably, they both carry different meanings with different legal implications. An act of negligence may not result in any real or lasting harm, whereas malpractice denotes the idea that harm has been inflicted.

So what is the difference between negligence and malpractice? In this blog, we’ll strive to clarify the meanings of both these legal concepts and their role in medical malpractice cases. If you have any additional questions or concerns about this topic or how it applies to your current legal matter, we encourage you to contact our Charleston, WV law office for a free consultation.

When we seek treatment for an illness, disease, or injury, we expect the medical professionals who care for us to provide honest and forthright information about our conditions and treatment options. When we are met with anything less, it can be confusing and even potentially dangerous. Does it mean that doctors can legally lie to patients and that we are simply left to sort out fact from fiction on our own? Not quite.

The legality of being dishonest with medical patients is a precarious matter. It is important for doctors and patients alike to build a strong foundation of honest and open communication regarding all medical matters. When a doctor fails to uphold their part in this process and lies to a patient, it could cause irreversible harm that follows them for a lifetime.

Countless patients in Charleston go and see a physician and receive a diagnosis, treatment for what ails them, or undergo a surgery without suffering any adverse consequences. However, a small handful end up experiencing unanticipated declines in their health or suffer an injury due to their doctor’s negligence.  

West Virginia law allows individuals harmed while under the care of a physician to pursue a medical malpractice claim or lawsuit to recover compensation for their losses. Our attorneys at DiPiero Simmons McGinley & Bastress, PLLC can help you determine if you’re eligible to file an insurance claim or a lawsuit yourself. You can also count on our lawyers to know how to build a strong case if you opt to take legal action here in Charleston. Below, we’ll discuss how to search for a doctor’s medical malpractice history as you build your case.  

If you’ve ever undergone medical treatment or a surgical procedure, you should have been “consented” before either. Doctors and other medical providers must perform an informed consent before administering any treatment or performing an operation, with very few exceptions. Their failure to secure your medical informed consent could result in your physician facing a medical malpractice lawsuit if they failed to take this step.

Getting enough sleep is essential to living a happy, healthy life. When we sleep, it allows our minds and bodies to recharge. The Sleep Foundation also reports that maintaining a healthy sleep schedule helps keep certain diseases at bay. Everything from thinking clearly and concentrating to processing memories hinges on being well-rested.

The average adult between the ages of 18 and 60 needs to get at least seven hours of sleep every night, although more is sometimes necessary to feel fully rested. Adults aged 61 to 64 ideally need anywhere from seven to nine hours a night.

We need good systems of accountability for our hospitals and medical care facilities. In a country in which medical mistakes rank among the top three causes of death each year, we more than ever need ever-improving methods for identifying and fixing weaknesses in our state and national medical systems. Ranking and scoring hospitals on quality of care is one way to help hold medical institutions accountable. Although a shining report card does not eliminate the possibility of medical malpractice, it is an effective way to encourage responsibility, and a way for current and future patients to learn about a facility’s history of patient care.

When you’re ill or injured and go to the hospital or get seen by a doctor, you expect what’s ailing you to get better. If your health declines and you think that your doctor or another medical professional was the one who caused it to worsen, then you might have a medical malpractice claim on your hands. However, you might be unsure if it constitutes as med mal.

When you trust a hospital, doctor, or medical staff with your care, you are trusting them with your life. Usually, they will correctly diagnose you, work quickly, and treat you to heal whatever is ailing you. But sometimes, the medical professionals who are supposed to be healing you end up making a medical error that severely injures you, or worse.

When you or a loved one has suffered an injury or death from a medical error, you could use the help of a lawyer. A medical malpractice attorney from DiPiero Simmons McGinley & Bastress, PLLC can get you the financial compensation you deserve for the injuries, damages, or other costs you suffered from medical negligence.