Princeton Medical Malpractice Lawyers

This failure of care is called a breach of duty. The breach of duty can be an action, such as giving the wrong medication to the patient, or a failure to act when any other doctor would have acted, such as failing to give a medication that was medically necessary for the patient.

Our firm can help you with medical malpractice cases involving:

• Birth injuries
• Cerebral palsy
• Hospital negligence
• Misdiagnosis

West Virginia Caps on Damages in Medical Malpractice Cases

Many states have laws that limit how much money a person can get when they sue a medical professional for medical malpractice. This is called a cap on damages, and a person can only be awarded up to the capped amount. In West Virginia, the caps are detailed in West Virginia Code section 55-7B-8. The caps are $250,000 per-occurrence for non-economic damages, or $500,000 for non-economic damages in cases that are severe, such as those that result in death or permanent disability. Non-economic damages are losses such as pain and suffering that do not include direct economic harm such as medical expenses or lost wages, which are not capped.

West Virginia’s Collateral Source Rule

West Virginia is different than other states when it comes to medical malpractice. Normally, the collateral source rule prohibits defendants from reducing the amount they owe by arguing that an injury victim received money from some other source to cover the costs of their injuries. For example, if a plaintiff has medical bills that were totally paid for by their health insurance, a defendant can’t get out of paying those costs by showing that the insurance already paid for the bills. This was traditionally thought of as not allowing a defendant to benefit from the fact that the plaintiff had insurance.

However, in West Virginia, a defendant who is liable to pay for medical care, rehabilitation services, lost earnings, or other economic losses can show that the plaintiff received insurance money in order to reduce the amount that they will owe. This is done after a verdict has been entered but before the judgment has been decided.

Let Us Handle Your Complex Medical Malpractice Case

Time is an issue in legal cases, and you may lose your ability to get the compensation you need and deserve if you wait too long. At Katz, Kantor, Stonestreet & Buckner, we have over 80 years of experience fighting for victims of medical malpractice. If you are in the Southern West Virginia area and have been injured or have lost a loved one due to a medical professional’s negligence, contact us today at our Princeton and Charleston offices.

Dial (304) 713-2014 now to get started.