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 MEDICAL MALPRACTICE        

Medical Malpractice

HAMSTEAD, WILLIAMS & SHOOK PLLC is experienced in representing families and individuals throughout North Central West Virginia who have been hurt by careless doctors and hospitals. We have access to fine medical professionals who assist us in developing the necessary evidence to help you win these very difficult cases. We provide a free consultation for prospective clients on personal injury issues. We charge contingent fees for cases we accept.

Have you or a loved one been injured by medical malpractice? Let us help you get the answers to your questions and concerns.

Medical malpractice is a form of negligence where an injury results from the failure of a medical professional or medical facility (doctor, nurse, medical technician, psychiatrist hospital, or healthcare facility) to exercise adequate care, skill or diligence in performing a duty. A doctor has a duty to you to use care and diligence to diagnose your illness so that the proper treatment can be recommended. In order to properly diagnose a condition, a doctor should ask about a patient’s medical history as well as his or her family’s medical history. The determination of whether a duty of care is met depends upon the standard of care for that professional or facility in their community. In other words, the applicable duty arises from the accepted practices of other professionals or facilities in the same field and geographical area. In the case of a doctor who is a medical specialist, the standard of care is determined by the standard of good medical practice in that specialty within the community. Hamstead, Williams & Shook P.L.L.C. provides aggressive representation to victims of medical malpractice.


Sharlene’s Story:

When Sharlene’s husband, John, was put on a new medication in 2011, he became very ill. Though the couple pressed John’s doctors about his reaction to the medicine and how sick he was, John’s doctors told him repeatedly that the effects were normal. Tragically, in April 2014, John passed away. Sharlene later learned that her husband’s death could have been prevented. She reached out to Hamstead, Williams & Shook, and the firm successfully mediated and settled Sharlene’s case. She knows that no settlement will replace her husband, but she said, “Thank goodness there are people like Hamstead, Williams & Shook, that they’re there to help you. They get you through these times and it gives you a sense of being able to do something.”

Watch Sharlene’s story here:


It is important to remember that the duty of a medical professional is not the duty to cure or even to guarantee a good outcome from treatment. Medical malpractice does not occur every time medical treatment is not successful. Rather, the duty is to provide good medical care according to accepted standards in the community, or, in the case of a specialist, accepted standards in that medical specialty. Medicine is not an exact science, and doctors are not required to be right every time they make a diagnosis. A misdiagnosis can be arrived at even when all proper tests are performed accurately or evaluated by a skilled doctor with the utmost care. A misdiagnosis constitutes malpractice, however, if the doctor fails to get a medical history, order the appropriate tests, or recognize observable symptoms of the illness. In California in order to prove that you were injured due to the failure of a health provider you must show: (1) The health care provider failed to exercise a duty of care and (2) The failure was the proximate cause of the injury.

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In all matters involving personal injury it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and file a lawsuit prior to the deadline imposed by the Statute of Limitations. If you or a loved one is a victim of personal injuries, call Hamstead, Williams & Shook P.L.L.C. now at 888 – 298 – 2529. The initial consultation is free of charge, and if we agree to accept your case, we will work on a Contingent Fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires. 

The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use