Morgantown Medical Malpractice Attorney

Fighting for Victims of Negligent Medical Practices in Monongalia County & Beyond

By law, doctors, nurses, and other medical practitioners are required to uphold a standard duty of care when treating patients. The same is true of medical facilities, such as hospitals. Essentially, this means that medical professionals and medical facilities must care for patients to the best of their abilities; it does not mean that they cannot make mistakes.

However, when medical professionals or facilities fail to uphold the standard duty of care, patients can suffer serious consequences. In such cases, injured victims and the loved ones of those wrongfully killed can hold negligent doctors, nurses, and hospitals accountable by filing personal injury claims.

Contact Hayhurst Law online or by phone at to learn more about how our medical malpractice attorney in Morgantown can help you. Your initial consultation is completely free.

Common Examples of Medical Malpractice

Many people do not realize that medical malpractice can take many forms. It does not only nor always involve instances in which a doctor or nurse intends to harm a patient. While those instances do occur (though, relatively rarely), most instances of medical malpractice stem from negligence. In some cases, this negligence is severe enough that it can lead to death.

Some of the most common examples of medical malpractice include:

• Delayed diagnosis of an illness or condition, including cancer
• Failure to diagnose an illness or condition, including cancer
• Misdiagnosis, leading to delayed or incorrect treatment
• Surgical errors, such as wrong-site surgery or surgical instruments left in patients
• Improper interpretation of laboratory results/tests
• Ignoring or failing to note a patient’s symptoms
• Premature discharge from the hospital
• Poor after-care or negligent follow-up treatment
• Medication errors, such as improper dosage or incorrect medication
• Anesthesia mistakes
• Birth injuries

This list is not exhaustive; there are many other forms of medical malpractice. However, it is important to reiterate that simply because a doctor failed to heal an illness or a hospital made a mistake while attempting to treat a patient, this does not necessarily mean you have a medical malpractice case. You should consult with an experienced attorney at our firm about your legal options.

West Virginia Statute of Limitations for Medical Malpractice

In West Virginia victims of medical malpractice are required to file their claim within 2 years of the date of their injury or within 2 years of the date on which they reasonably should have discovered their injury (assuming the injury is not something that presents itself immediately).

If you fail to file your malpractice claim within the specified timeframe, you run the risk of having your case dismissed. Don’t wait! Contact our firm today to discuss your situation and find out whether or not you’re eligible to receive compensation for your injuries!

Medical Malpractice FAQ:

Q. How do you prove medical malpractice? In order to receive compensation for medical malpractice, you must be able to prove the following:

• That there was a doctor-patient relationship between you and the responsible party
• That the doctor was negligent in their treatment of you
• That the doctor’s negligence was the cause of your injuries
• That your injuries resulted in certain damages (whether monetary or physical)

Q. What are the requirements for filing a medical malpractice claim? In West Virginia, if you wish to file a medical malpractice claim you must be able to substantiate your claims by providing expert testimony from a medical expert witness (W. Va. Code Sec. 55-7B-7), unless your case is simple enough to be considered a “common knowledge” situation.

Q. Is there a limit to how much compensation I can receive? Yes. In West Virginia there are damage caps (limits) placed on how much compensation you may receive for non-financial losses (i.e. pain and suffering, loss of enjoyment, etc.). West Virginia sets this cap at $250,000, with some specific types of cases being limited at $500,000.

Call Hayhurst Law for a Free, Confidential Case Evaluation

If you believe that you or your loved one is the victim of medical malpractice, we encourage you to reach out to our legal team right away. In most cases, you only have two years from the date of injury or two years from the date you discovered or reasonably should have discovered the injury to bring your claim. Additionally, you may be subject to West Virginia’s cap on medical malpractice compensation.

Our medical malpractice lawyer in Morgantown can help you understand your rights and take legal action to seek the maximum compensation you are entitled to receive. We can help you take the proper steps in bringing your claim, including sending notice of your claim at least 30 days prior to filing.

Contact Hayhurst Law today at to learn more about how we can help you with your medical malpractice lawsuit.