Princeton Medical Malpractice Lawyers
Fighting for Accident Victims throughout West Virginia
Medical malpractice or medical negligence occurs when a licensed medical professional fails to meet the standard of care expected from them. When a medical professional fails in their duty to care for a patient and that patient is harmed by that failure, the victim is entitled to financial compensation. If you were harmed by a negligent medical professional, let the Princeton medical malpractice lawyers at Katz, Kantor, Stonestreet & Buckner help you get what you need to recover.
Standard of Care
Not all medical accidents are malpractice. In order to be successful in a medical malpractice claim, you must show that a medical professional failed to meet the applicable standard of care. They must have failed to act with a reasonable degree of care and skill based on the medical information and knowledge available at the time. The question is, did the doctor do what any other doctor would have done in the same situation?
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:
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.
Trusted Legal Representation Since 1931
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Free Consultations for Your Injury Claims
Workplace Injury $2.2 Million
Auto Accident $1.6 Million
Motor Vehicle Collision $1.4 Million
Auto Accident $750 Thousand
Personal Injury $600 Thousand
Bad Faith Claim $550 Thousand