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  • Is medical abandonment a form of West Virginia malpractice?

    Medical abandonment is a form of West Virginia malpractice. When a doctor stops seeing a patient who is in need of healthcare it can result in serious injuries and lasting problems for the patient. If you or a loved one was abandoned by your physician during the course of medical treatment, contacting a medical malpractice lawyer in Bridgeport is strongly advised. 

    Your lawyer can: 
     

    • launch his or her own investigation;
    • collect evidence for your case; and
    • ensure that your West Virginia malpractice claim is filed before the statute of limitations expires.  

    To ensure your West Virginia malpractice claim is successful, your medical malpractice lawyer in Bridgeport must establish first that your physician was treating you and had a responsibility to continue treatment. 

    The second thing your lawyer needs to establish is that the physician terminated the medical treatment before it was completed.
    Upon agreeing to provide medical treatment to a patient, the physician has a clear cut duty to continue treatment until completion.

    If continuing treatment is not possible, the physician should transfer the patient to another specialized doctor. By abandoning medical treatment, the physician is opening himself up to a West Virginia malpractice claim for medical abandonment.

    If your lawyer proves medical abandonment, you may be awarded damages for future medical expenses, pain and suffering, and lost income. In some cases, the court may award punitive damages, which are designed to punish the physician for their actions that resulted in West Virginia malpractice. 

    Contact a Medical Malpractice Lawyer in Bridgeport

    If you were the victim of medical abandonment, you are eligible to file a West Virginia malpractice claim. Although there will be a lot of questions and important decisions to make during this time, choosing the right legal representation can help you make the most informed decisions possible while you seek compensation for your medical bills, lost wages, and other expenses. The Miley Legal Group in Clarksburg will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today for a FREE consultation - 304-326-1800.

  • My medical procedure went badly, and I think my doctor could have done a better job. How do I know if it's grounds for medical malpractice in West Virginia?

    Determining the grounds for medical malpractice in West Virginia can be an extremely difficult process, requiring the assistance of a skilled Clarksburg medical malpractice attorney. Not all medical procedures that end badly constitute medical malpractice. Your attorney must investigate your case to determine if your doctor could have done something differently to obtain a better outcome.

    To win your medical malpractice claim in West Virginia, you must prove several things
    . The first is that your doctor had a duty to care for you, and breached that duty. You must then show that the doctor did not maintain a reasonable standard of care; that is, he or she either did something or failed to act in a way that differs from other medical professionals in the same situation.

    Your attorney may work with a medical expert who can analyze your procedure
    in order to determine if your doctor acted in a negligent or careless manner. Without an expert on your side, proving your medical malpractice case in West Virginia may be next to impossible. By looking through your medical records, your attorney can be able to piece your case together to determine if you have grounds for a medical malpractice claim.

    Hiring an experienced Clarksburg medical malpractice attorney is extremely important. In a medical malpractice case in West Virginia, the burden of proof rests on the plaintiff, which means you must be prepared. Your attorney can collect evidence favorable to your claim and secure a medical expert to testify on your behalf.

    Contact a Clarksburg Medical Malpractice Attorney

    When medical malpractice in West Virginia occurs during a procedure, it can result in long-lasting damage. Although there will be a lot of questions and important decisions to make during this time, choosing the right legal representation can help you make the most informed decisions possible while you seek compensation for your medical bills, lost wages, and other expenses. The Miley Legal Group in Clarksburg will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today for a FREE consultation - 304-326-1800.

  • What is the standard of care in relation to my West Virginia medical malpractice case?

    Suing a doctor in West Virginia can be a difficult and complicated matter. Even more complex is when your West Virginia medical malpractice case has you in suing a doctor in West Virginia due to negligence. A Bridgeport med mal attorney can review your West Virginia medical malpractice case to determine if yours is a case of deviation from the standard of care.

    All medical professionals have a standard of care they must follow in order to provide you with the best chance of recovery.
    When medical professionals deviate from this standard of care it can result in serious injury or death.

    The standard of care basically says that all doctors, nurses, and hospital staff should follow the same general procedure for diagnosis and treatment of your injury or illness.
    Failure to do so can result in suing a doctor in West Virginia due to negligence.

    If more than one hospital member contributed to your injuries through negligent actions you may be suing a hospital in West Virginia. These cases are extremely complex and difficult to resolve for a fair settlement, leaving many claimants denied their right to compensation. By working with an attorney, you give your claim a fighting chance at obtaining a fair settlement.

    Knowledge of the standard of care for your particular injury or condition is important in resolving your claim. Without knowing how to handle a medical malpractice case, you leave it up to chance that the doctor or hospital will settle out of court for a fair amount. Usually this is not the case, and you'll want to seek an attorney for help.

    Contact a Bridgeport Med Mal Attorney

    The misconduct of a doctor, nurse or health facility can lead to serious, even fatal injuries. You trust these medical professionals with your life and expect the best of care. When something goes awry due to negligence, you may need to file a West Virginia medical malpractice case.

    If you have been harmed because of medical malpractice, don't hesitate to seek justice. The Miley Legal Group will work with you to fight for the compensation you deserve and help you to move on with your life. Contact a Bridgeport med mal attorney today for a FREE consultation - 304-326-1800.

  • What are the elements of my medical malpractice claim in West Virginia?

    When the value of your medical malpractice claim in West Virginia is being determined, there are 4 elements that are taken into consideration: duty, breach of duty, injuries and causation. Often it is hard to receive a fair and full settlement for your injuries, but an experienced attorney at a Clarksburg, West Virginia, medical malpractice firm will fight for the compensation you need and deserve.

    4 Elements Considered in a Medical Malpractice Claim in West Virginia
     

    • Duty: Medical professionals should be able to examine what problems you are experiencing and willingly create a plan of action for treatment. 
    • Breach of Duty: comes in the form of a medical professional ignoring the fact you have a problem that needs treatment, doesn't properly examine you or lacks care in accurately treating you (prescribes you the wrong medication, etc.). 
    • Injuries: In order to receive compensation for your injuries, you must show proof of injuries. Taking pictures and keeping a journal of your pain and progression is a great way to provide evidence to prove your medical malpractice claim. 
    • Causation: In the event of showing your physical and documented injuries, you must prove that your injuries are due to your medical professional's negligence. 

    A medical malpractice claim in West Virginia can be difficult to prove on your own. In order to receive a fair and full settlement in your medical malpractice case in West Virginia, you should meet with a Clarksburg, West Virginia, medical malpractice firm.

    Contact a Clarksburg, West Virginia Medical Malpractice Firm

    Unfortunately, medical malpractice can and does happen in West Virginia. If you or a loved one has been seriously injured due to medical malpractice, contact the Clarksburg medical malpractice attorneys at The Miley Legal Group for a FREE consultation - 1-304-326-1800.

  • How can I find out if the doctor that caused my injury has been sued for medical malpractice in West Virginia or elsewhere?

    You can find out if the doctor that caused your injury has been sued for medical malpractice in West Virginia or elsewhere. When your injuries have been caused by medical negligence, a Bridgeport medical malpractice law firm can determine if you may be entitled to compensation.

    One resource that is available for residents of West Virginia is the West Virginia Board of Medicine Licensee Search. This allows you to search for a doctor under their name, company name, license number, license type, specialty and work location. 

    You should also know that any case involving medical malpractice, whether the doctor is found liable or not, is reported to the state's medical board. However, it can also be a challenge to retrieve this information as it is held by a department that is usually burdened by a lot of work.

    You can also try contacting the hospital the doctor works for and ask to speak to the records department of the medical board that oversees them.
    If you tell them why you are looking for this information, they may try to steer you in another direction. Don't share your reasons for inquiring until you reach the appropriate person.

    You may find it nearly impossible to get the information you need, which may lead you to consult with a Bridgeport medical malpractice law firm. It won't take an attorney very long to find the information you are looking for, as they specialize in this area of law.

    When you have been injured as a result of medical malpractice in West Virginia, an attorney can explain what options are available to you and how you can protect your rights.

    Contact a Bridgeport Medical Malpractice Law Firm

    The Miley Legal Group will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today to schedule a no-cost consultation - 1-304-326-1800

  • What role does expert testimony play in a West Virginia medical malpractice lawsuit?

    As a victim of medical malpractice or negligence you may be delving into the complex process of a West Virginia medical malpractice lawsuit. Consulting with Clarksburg medical malpractice attorneys is highly recommended to review your case and see if a lawsuit is in your best interest. Keep in mind that not all acts of malpractice mean that a lawsuit should take place.

    Expert Testimony in West Virginia Medical Malpractice Lawsuit

    A major part of a medical malpractice lawsuit is an expert's testimony. In medical treatment there aren't exactly clear-cut lines because every case is different and will be treated as such. That is why expert testimony is absolutely crucial to most cases.

    Expert testimony will provide:
     

    • an analysis of where a breach of care occurred;
    • an opinion of whether or not adequate care was given in a case; and
    • the expert's view on whether or not  the breach of care caused the injuries. 

    The specific role and weight that expert testimony carries can change, depending on the state. It is often given in the form of an affidavit of merit and filed officially within the claim. During the case, the expert testimony will be used to support claims made by the patient.

    It is important to note that some cases do not require expert testimony
    . This applies to cases where obvious negligence is determined to be the cause of injury. Consult with Clarksburg medical malpractice attorneys to review state laws and statutes to decide whether expert testimony is needed for your case.

    Contact Clarksburg Medical Malpractice Attorneys

    If you have been harmed because of somebody else's negligence, don't hesitate to seek justice. The Miley Legal Group will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today for a FREE consultation: 1-304-326-1800.

  • Can I file a medical malpractice lawsuit in West Virginia if my spouse died during surgery because of an anesthesia mistake?

    The death of a loved one from medical malpractice or negligence is an exceptionally sensitive issue. Anesthesia is very delicate, and complications may arise from a number of situations. Consider meeting with a Clarksburg medical negligence lawyer to review your case to see if a medical malpractice lawsuit in West Virginia is right for you. It is very important to remember that not every case warrants a claim, and no attorney can guarantee compensation.

    Anesthesia Error and Medical Malpractice Lawsuit in West Virginia

    The most common reason for an error with anesthesia is professional negligence. These errors are incredibly dangerous because complications may carry permanent harm such as brain damage or a comatose state, depending on the case.

    Instances of professional negligence that may cause error with anesthesia and result in serious injury or even a fatality include:
     

    • neglect and failure of receiving informed consent for the use on anesthesia on a patient;
    • negligence in monitoring a patient's breathing and oxygen levels while under anesthesia;
    • administering the anesthesia without checking a patient's allergy records; and
    • lack of or error in communication before, during and after the procedure between medical personnel. 

    If you or a loved one has been a victim of medical malpractice, then you may be able to receive compensation from the responsible party. A Clarksburg medical negligence lawyer can go over your case and discuss the different laws and statutes that will apply to your case.

    Contact a Clarksburg Medical Negligence Lawyer

    If you have been harmed because of somebody else's negligence, don't hesitate to seek justice. The Miley Legal Group will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today for a FREE consultation - 1-304-326-1800.

  • What kind of damages can I expect in a medical malpractice claim in West Virginia?

    Damages from a West Virginia medical malpractice claim can cover recovery for pain and suffering, medical bills, and reduced quality of your personal and professional life.  However, each case is unique so the best way to determine what types of compensation may apply to your West Virginia medical malpractice claim is to work with an experienced Clarksburg medical malpractice attorney.

    In order to qualify for damages through a West Virginia medical malpractice claim you and your attorney will have to demonstrate two clear but complex things: 

    • medical negligence took place; and
    • you were injured as a direct result of that medical negligence. 


    When you present your case and evidence to a Clarksburg medical malpractice attorney, they can help determine if you have a valid claim worth pursing. Once that is established, they can work with medical experts and analyze your evidence to help determine what types of compensation may be included in your West Virginia medical malpractice claim.   

    West Virginia has enacted certain legislation that may also affect your potential compensation from a West Virginia medical malpractice claim. These include caps on non-economic damages such as pain and suffering. Non-economic damages are defined as damages that have value but not a specific dollar amount. While your medical bills and lost wages include specific numbers, pain and suffering do not, which means their value is subjective.

    Your Clarksburg medical malpractice attorney can give you more detailed information on how these damage caps and other concerns over non-economic damages may impact your claim.

    Contacting a Clarksburg Medical Malpractice Attorney

    When medical professionals make mistakes, the results will likely be life-changing. Although there will be a lot of questions and important decisions to make during this time, choosing the right legal representation can help you make the most informed decisions possible while you seek compensation for your medical bills, lost wages, and other expenses. The Miley Legal Group in Clarksburg, West Virginia will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today for a FREE consultation - 304-326-1800.

  • Do I need an attorney for my West Virginia medical malpractice claim?

    Unlike minor injury claims, you will almost always require an attorney for your West Virginia medical malpractice claim. Proving malpractice is a difficult and time-consuming task that requires the knowledge of an experienced Clarksburg medical malpractice attorney.

    If you or a loved one has suffered serious injuries because of the negligence of a medical professional in West Virginia, you should speak with a Clarksburg medical malpractice attorney.

    One reason for this is because you will likely need medical testimony from another medical provider in order to determine the validity of your West Virginia medical malpractice claim, as well as extensive evidence that proves medical negligence occurred.

    Unless you are an experienced medical malpractice attorney, you likely won't even know what type of evidence to look for or how to obtain it. You'll also likely be unable to come up with a solid legal defense that will stand up to the insurance company's entire legal team.

    Without a Clarksburg medical malpractice attorney, you also will not know when your rights are being violated,
    how to determine all of the liable parties or the extensive amount of research and paperwork involved in such a complex case.

    A Clarksburg medical malpractice attorney has the resources to conduct a thorough investigation to make sure that all negligent parties are named in your West Virginia medical malpractice claim. Your attorney is also aware of the standards of care in West Virginia, which will be used to determine whether a medical professional acted negligently.

    Most of all, a West Virginia medical malpractice claim takes a lot of time and resources that you likely will not have as you recover from your injuries or mourn the loss of a loved one. An experienced Clarksburg medical malpractice attorney is your best alley in seeking justice after you've been harmed as a result of medical negligence.

    Contacting a Clarksburg Medical Malpractice Attorney

    If you or a loved one has suffered because of medical malpractice, call the medical malpractice attorneys at The Miley Legal Group for a FREE consultation

  • Can I file a West Virginia medical malpractice claim for wrong-site surgery?

    Yes, you can file a medical malpractice claim if you are the victim of wrong-site surgery. A Clarksburg medical malpractice attorney can go over your case, determine issues of negligence and explain your legal options.

    When a surgeon operates on the wrong site, the error can be attributed to any of the following:
     

    • poor pre-surgical planning;
    • tight schedules;
    • miscommunication or lack of communication;
    • multiple surgeons involved in the surgery;
    • multiple procedures on one patient;
    • intoxicated medical professionals; and/or
    • failure to follow standard procedures. 

    In an effort to prevent wrong-site surgery, hospitals follow a universal protocol that includes: 

    • Pre-procedure verification - the medical team verifies that the proper procedure is performed on the right patient at the right site.
    • Marking the site - one member of the medical team marks the correct surgery site and that team member will be present for the surgery.
    • Time out - a time-out is taken before an incision is made and the steps taken in the pre-procedure verification are taken again.

     Wrong-site surgery can be draining for a patient, physically, financially and emotionally. It can be especially devastating when the result is the loss of a limb or the loss of a loved one.

    Patients who survive wrong-site surgery may have to face additional surgeries to correct the error and may endure an extended recuperation time.

    Your Clarksburg medical malpractice attorney will conduct an investigation to determine which parties contributed to your wrong-site surgery and should be held accountable. Liable parties could include the hospital, doctors, nurses, pharmacists and surgical technicians.

    You might be able to pursue compensation for pain and suffering, current and future medical expenses and lost wages.

    Contacting a Clarksburg Medical Malpractice Attorney

    Wrong-site surgery can leave you with hefty medical bills and additional time missed from work. If you or a loved one has been seriously injured after undergoing surgery, call the Clarksburg medical malpractice attorneys at The Miley Legal Group for a FREE consultation - 304-326-1800.