When you come to us with a medical malpractice claim, one of the first things our Charleston malpractice attorneys will do is discuss the laws surrounding your rights in the state of West Virginia. It is important to remember that not all medical issues are a result of malpractice or negligence. To help ensure your claim is viable, we will fully investigate your medical records and patient files before advising you on the best course of action.
We are dedicated to helping victims of medical malpractice get justice. We will do everything we can to identify all instances of negligence and help you get the compensation you are entitled to.
Medical Malpractice Laws
You have two years to file a medical malpractice claim in the state of West Virginia. This time begins at the date of discovery or, in the case of a fatal error, at the date of death. While you have two years, waiting is never a good idea. Medical malpractice is an incredibly complex area of law and the sooner you can bring your case to our attention, the better our chances of getting you the compensation you are due.
West Virginia caps medical malpractice damages. In the case of wrongful death or permanent loss of ability, the cap is set at $500,000. In the case of injuries that are not permanent, the cap is set at $250,000. There are exceptions to these caps which, like all medical malpractice laws, are best discussed with an experienced malpractice attorney.
If you believe you have a medical malpractice claim, please contact Jim Leach, L.C., today to schedule a free initial consultation with one of our Charleston, West Virginia malpractice attorneys.