How Do You Prove Medical Malpractice in West Virginia?

Medical malpractice can have devastating consequences for patients and their families. When healthcare providers fail to meet the standard of care, the results may include serious injury or even death. Proving medical malpractice, however, is a complex process that requires substantial evidence, expert testimony, and tenacity in the face of hospitals and their insurance companies.

Below we talk about what it takes to prove a claim of medical malpractice. If you believe you or a loved one has been a victim of medical negligence in West Virginia, contact Burke, Schultz, Harman & Jenkinson to speak with an experienced and successful Martinsburg medical malpractice lawyer.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare professional or institution causes harm to a patient through negligent action or inaction. This could involve doctors, nurses, surgeons, or even hospital staff. Medical negligence often includes mistakes such as misdiagnosis, improper treatment, surgical errors, medication mistakes, or failure to provide appropriate aftercare.

In West Virginia, proving medical malpractice involves demonstrating that a healthcare provider’s actions fell below the accepted standard of care, directly leading to harm or injury. To prove a medical malpractice case in West Virginia, the injured party must establish four critical elements:

1. The Existence of a Doctor-Patient Relationship

The first element involves proving that a doctor-patient relationship existed at the time of the incident. This is often straightforward but necessary to show that the healthcare provider owed a duty of care to the patient. A doctor-patient relationship typically begins when the patient consults with the doctor, and the doctor agrees to diagnose or treat the patient.

2. Breach of the Standard of Care

In medical malpractice cases, the injured party must prove that the healthcare provider breached the standard of care expected in their profession. The “standard of care” refers to the level of care, skill and learning that a reasonable, prudent healthcare provider with similar training and experience would have offered under similar circumstances.

For example, if a surgeon performed an operation in a way that another reasonable surgeon would not have, that could be considered a breach of the standard of care. Expert testimony from medical professionals is typically required to establish what the standard of care was and how it was violated in your specific case.

3. Causation: Proving the Negligence Caused the Injury

The third and often most challenging element to prove is causation. It is not enough to show that a healthcare provider made a mistake; the plaintiff must prove that the mistake directly caused injury or worsened the patient’s condition. This often requires medical expert witnesses who can link the breach of care to the harm experienced by the patient.

For example, if a doctor misdiagnoses a condition, leading to improper treatment that worsens the patient’s condition, the plaintiff would need to prove that the misdiagnosis was the direct cause of their worsened state. Medical records, expert testimony, and even medical literature may play a role in proving this element.

4. Damages: Proving the Patient Suffered Harm

Finally, the injured party must demonstrate that they suffered measurable damages as a result of the medical negligence. Damages can include physical pain, emotional suffering, medical bills, loss of income, and loss of quality of life. In some cases, these damages are extensive and long-lasting, requiring ongoing care or treatment.

Damages must be quantified and supported by evidence such as medical bills, employment records, and expert testimony to show the financial and non-economic impact of the injury.

Expert Testimony in West Virginia Medical Malpractice Cases

A critical aspect of any medical malpractice case is expert testimony. In West Virginia, you are generally required to present testimony from medical experts who can establish the standard of care, describe how it was breached, and explain the direct connection between the breach and your injury. Experts are typically specialists in the same field of medicine as the defendant.

Additionally, West Virginia law requires plaintiffs to file a “screening certificate of merit” before they can proceed with a medical malpractice lawsuit. This certificate must be signed by a medical expert who has reviewed the case and determined that the healthcare provider’s actions fell below the acceptable standard of care. Without this certificate, the court may dismiss your claim.

Statute of Limitations for Medical Malpractice in West Virginia

It’s important to act quickly if you suspect medical malpractice. In West Virginia, medical malpractice claims must be filed within two years from the date of the injury or the date when the injury should have reasonably been discovered, up to ten years from the date of the injury. There are some exceptions, such as in cases involving minors or if the doctor or hospital deliberately concealed their mistake or lied about it, but missing the deadline can bar you from recovering any compensation.

Why You Need an Experienced Medical Malpractice Attorney

Proving medical malpractice is often a lengthy and complex process, requiring extensive investigation, expert testimony, and legal expertise. Pursuing a claim under West Virginia’s medical malpractice laws can be challenging, especially when you are also dealing with the emotional and physical toll of an injury and a doctor’s office or hospital that is not heeding your complaints. Having an experienced medical malpractice attorney by your side ensures that your case is handled with the care and attention it deserves.

Contact Burke, Schultz, Harman & Jenkinson for Help With Medical Malpractice Claims in West Virginia

At Burke, Schultz, Harman & Jenkinson, we understand the challenges involved in proving medical malpractice and work tirelessly to hold negligent healthcare providers accountable. If you believe you or a loved one has been harmed due to medical negligence in West Virginia, contact our Martinsburg office by calling 304-263-0900 or 800-903-0901 for a free case evaluation. We can help you explore your legal options and pursue the compensation you deserve.