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Medical Negligence Lawyer

Serving West Virginia and Ohio

Frequently Asked Questions


What compensation could I receive for medical malpractice?
You can recover:
Medical expenses that were required for the injuries caused by medical negligence. This could include projected future expenses.
Any lost income, present and future, and can also be awarded something for lost earning capacity.
Compensation for pain and suffering, both present and future. This can include damages for disfigurement or disability.

In addition, your family can possibly be awarded damages for loss of your support and care, if you were the family provider.

What are some examples of medical malpractice?
Not only doctors can be sued for medical malpractice, but also nurses, pharmacists, anesthesiologists, hospitals, physicians’ assistants, emergency medical technicians, and virtually all other health professionals. State laws determine exactly who can be sued.

Particular errors that could constitute medical negligence might be:

West Virginia - Ohio Medical Negligence Lawyer
  • Misdiagnosis
  • Failure to diagnose
  • Mis-labeling a prescription
  • Filling a prescription wrongly
  • Performing the wrong surgery
  • Failure to give follow-up care
  • Birth injuries
  • Nursing home abuse

How would I prove a medical malpractice claim?
You would have to show three things:

  1. The defendant did not meet the established standards of medical practice for his profession. Expert medical witnesses are usually required to establish this.
  2. This failure caused your injury.
  3. Your injury or injuries must be shown to the court.

What is “informed consent”?
It means that before you sign any consent form agreeing to have a particular medical procedure, a doctor must explain what it is, its benefits and risks, and any alternatives you could choose instead. But if you sign the consent form knowing all these things, and the doctor is then negligent or careless in performing the procedure, you can file a claim and potentially be awarded damages.

Who will determine whether my doctor was negligent?
A jury. Medical experts (usually doctors) will testify, having studied and analyzed your medical records, and based on their testimony both on your side and on the defendant’s side, the jury will arrive at its verdict.

If you or a loved one appears to be the victim of medical malpractice, please contact our experienced medical negligence lawyer team. We can analyze your situation and draw on experienced medical experts to testify on your behalf. Having served the residents of West Virginia and Ohio for many years, we are familiar with the medical malpractice laws, with previous cases, and with commonly-used arguments and defenses.

We invite you to benefit from the high standards of service we offer at the law offices of Jim Leach. Contact us today for your free initial consultation.

Our medical malpractice lawyers represent medical malpractice victims throughout West Virginia and Southern Ohio including the communities of Belpre, Marietta, Parkersburg, Wheeling, Athens, Jackson, Vienna, Morgantown, Charleston, Huntington, Ravenswood and Ripley.

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Your understanding of the information on this web page about personal injury law does not constitute a formal legal relationship with the medical negligence lawyer at Jan Dils & Jim Leach Attorneys at Law, PLLC. Please do not assume this content to be formal legal advise. If you would like to know if you have a valid personal injury claim, please contact a West Virginia personal injury lawyer today for a complimentary consultation. Serving the Charleston, Huntington, Morgantown, Parkersburg, Ravenswood, Vienna and Wheeling, West Virginia and Athens, Belpre, Jackson, Marietta and Ripley, Ohio.

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