Medical Malpractice

Overview of our services…

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.

And in detail…

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 P.L.L.C. provides aggressive representation to victims of medical malpractice.

Medical Malpractice

HW&M is experienced in representing families and individuals throughout North Central West Virginia who have been hurt by careless doctors and hospitals.

In detail…

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 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
  2. The failure was the proximate cause of the injury.

Your Hometown Law Team

HW&M will review the facts and circumstances surrounding your case and discuss all your options.

In detail…

Nursing home residents have patient rights and certain protections under the law. Pursuant to 42 U.S.C.A. 1396r(c)(1)(B)(i) the nursing home must list and give all new residents a copy of these rights. Resident rights include but are not limited to:

  • Respect: You have the right to be cared for in such a manner as to enhance your quality of life. 42 U.S.C.A. 1396r(b)(1)(A).
  • Services and Fees: You must be informed in writing about services and fees before you enter the nursing home. 42 U.S.C.A. 1396r(c)(1)(B).
  • Money: You have the right to manage your own money or to choose someone else you trust to do this for you. 42 U.S.C.A. 1396r(c)(6)(A), 42 U.S.C.A. 1396r(c)(6)(B).
  • Privacy: You have the right to privacy, and to keep and use your personal belongings and property as long as it doesn’t interfere with the rights, health, or safety of others. 42 U.S.C.A. 1396r(c)(1)(A)(iii).
  • Medical Care: You have the right to be informed about your medical condition, medications, and to see you own doctor. You also have the right to refuse medications and treatments. 42 U.S.C.A. 1396r(c)(1)(A)(i).

Whether a caregiver fails to meet the needs of the senior (neglect) or actually physically or mentally abuses a resident, nursing home abuse is not uncommon in today’s society, and we must do our best to prevent it.

Recently, there has been increased recognition that elderly and dependent adults are subject to risks of abuse, neglect, and abandonment. The abuse can be recurrent neglect or a single egregious event that produces injury, either physical or financial. There are several common types of injuries that are suffered as a result of recurrent neglect, including:

  • Falls and fractures
  • Physical or chemical restraints
  • Malnutrition or dehydration
  • Improper, wrong or over-medication
  • Bed sores
  • Lack of supervision (allowing residents to wander away from the facility)
  • Physical abuse or unexplained injury
  • Weight gain or loss
  • Septic shock
  • Gangrene
  • Aspiration pneumonia
  • Theft of money and personal property
  • Unexpected or wrongful death
  • Unsanitary conditions
  • Untrained or insufficient staff
  • Over-sedation
  • Abandonment
  • Substandard medical care
  • Poor personal hygiene
  • Defective equipment
  • Sexual assault

The federal statute, the Omnibus Budget Reconciliation Act or “OBRA” and its interpretive guidelines spells out how nursing homes are ultimately responsible for the health, medical care, and well-being of their residents.

Before proceeding with litigation, a review of the medical records is critical. All available family members, friends and witnesses should be interviewed to determine if there is any additional information regarding the elder’s treatment or documents which will assist in evaluation. Important factors which may impact the amount of damages that may be recovered include the egregiousness of the nursing home’s conduct, whether a pattern of neglect can be shown, and whether injuries from the nursing home’s negligence can be distinguished from the resident’s existing disease process.

Nursing Home Malpractice

According to the best available estimates, between 1 and 2 million Americans age 65 or older have been abused in some way or another. HW&M will help navigate your case and get the justice you deserve.