Call: (304) 296-3636
/ Toll Free: (888) 298-2529 (2WVA-LAW)
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.
HAMSTEAD, WILLIAMS & MEEK PLLC provides aggressive representation to victims of medical malpractice.
HAMSTEAD, WILLIAMS & MEEK PLLC are 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.
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.
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 West Virginia in order to prove that you were injured due to the failure of a health provider you must show
HW&M is experienced in representing families and individuals throughout North Central West Virginia who have been hurt by careless doctors and hospitals.
Medical malpractice occurs when a healthcare provider’s negligence causes injury or harm to a patient.
Common cases include misdiagnosis, surgical errors, birth injuries, medication mistakes, and failure to treat.
Consult an experienced attorney who can evaluate whether a healthcare provider’s actions deviated from the standard of care.
You generally have two years from the date of the injury or discovery of the injury to file a claim.
It allows you to file a claim within two years of when you discovered or should have discovered the injury.
Yes, hospitals can be held liable for negligence by their employees or systemic issues.
Yes, a wrongful death claim can be filed if medical negligence caused the death.
You must prove the existence of a doctor-patient relationship, a breach of the standard of care, causation, and damages.
The level of care that a reasonably competent healthcare provider would offer under similar circumstances.
Yes, expert testimony is typically required to establish the standard of care and how it was breached.
Cases can take several months to years, depending on complexity and whether they go to trial.
A document signed by a medical expert stating that your claim has merit, often required before filing a lawsuit.
Many cases settle out of court, but your attorney will prepare for trial if necessary.
Yes, multiple parties, such as doctors, nurses, or hospitals, may share liability.
Your lawyer will investigate the case, gather evidence, consult experts, negotiate settlements, and represent you in court.
Economic damages (e.g., medical bills, lost wages) and non-economic damages (e.g., pain and suffering).
Yes, non-economic damages are capped at $250,000, or $500,000 in cases involving catastrophic injuries or death. However, these caps have been adjusted for inflation, and are currently at $375,000 and $750,000, respectively.
Yes, compensation can include anticipated future medical costs related to your injury.
You can seek damages for lifelong care, loss of earning capacity, and diminished quality of life.
Yes, emotional distress is a recognized form of non-economic damage.
Worsening alone isn’t malpractice. Negligence must have caused or contributed to the harm.
Birth injuries, surgical errors, infections, misdiagnosis, and medication errors are common examples.
No, but your attorney will pursue compensation from the at-fault provider’s malpractice insurance.
It depends on factors like the severity of injuries, medical expenses, lost wages, and emotional distress.
Settlements are based on economic and non-economic damages, as well as liability and insurance coverage.
Your lawyer can explore additional sources of compensation, such as the hospital’s liability.
It’s possible, but an experienced lawyer can help maximize your compensation and protect your interests.
It varies, but most settlements are finalized within a few months after negotiations begin.
Yes, but only in cases of willful or reckless misconduct by the healthcare provider.
You may have a claim if the misdiagnosis caused harm, such as delayed treatment or unnecessary procedures.
Birth injuries to the mother or child caused by negligence may qualify for a malpractice claim.
Yes, surgical errors like operating on the wrong site or leaving instruments inside a patient are grounds for malpractice claims.
Failure to obtain informed consent before a procedure can be a form of medical malpractice.
Yes, if a prescribing or administering error caused harm, you may have a claim.
Treating patients without a license is negligence, and you may have grounds for a claim.
Emergency rooms are not exempt from malpractice claims, though standards of care may vary in emergencies and sometimes there are separate caps on malpractice cases stemming from emergency room treatment.
You may have a product liability claim against the manufacturer in addition to a malpractice claim.
Intentional harm by a provider can result in both civil and criminal cases.
Hospitals can be liable for negligence by employees or systemic issues like understaffing.
Yes, nurses, nurse practitioners, and other providers can be held liable for negligence.
Yes, if a pharmacist’s error in dispensing medication caused harm.
Claims against federal facilities have specific rules under the Federal Tort Claims Act.
Yes, negligence in mental health care, such as improper medication or failure to prevent harm, can be grounds for a claim.
Waivers don’t excuse gross negligence or misconduct.
It means “the thing speaks for itself,” and applies when negligence is obvious, like leaving a surgical tool inside a patient.
Look for experience, expertise in medical cases, and positive client reviews.
Dissatisfaction alone isn’t malpractice. There must be evidence of negligence.
Yes, ignoring advance directives can be grounds for a malpractice or wrongful death claim.
Contact an experienced attorney who can review your case and guide you through the process.
Call us at 304-296-3636, fill out our online contact form, or schedule a free consultation.
"*" indicates required fields
Hamstead, Williams & Meek PLLC
68 Clay Street, Suite C
Morgantown, WV 26501
(304)296-3636
Toll Free 1-888-2WVA-LAW
Fax: (304)291-5364
