Medical Malpractice

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.

Schedule a free consultation with our West Virginia personal injury lawyers today. Dial (304) 713-2014 now or contact us online to begin fighting for your fair compensation.

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.

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

What Sets Us Apart?

  • Trusted Legal Representation Since 1931
  • One Firm That Can Handle Your Legal Needs
  • Prepared to Go to Trial to Fight for Your Recovery
  • Committed to Maximizing Your Compensation
  • Easily Accessible & Available When You Need Us
  • Free Consultations for Your Injury Claims
We’ll Be Your Voice in the Courtroom

 Call (304) 713-2014 to schedule a free consultation today! We will travel to you if you are unable to make it to one of our offices.

What Our Clients Are Saying

  • “I've never been so pleased with the outcome and the lawyers, especially Russell Williams and Eric Buckner.”

    - Jody J.
  • “Eric Buckner is a superb accident and personal injury attorney. He has the personal qualities and professional competencies that make him a very successful attorney.”

    - Maritza H.
  • “I am very pleased with this law firm! I would highly recommend them to anyone.”

    - Robert C.
  • “I would highly recommend this office and Russell Williams for any need you may have of a lawyer.”

    - Rebecca U.
  • “Mr. Buckner is a great choice for your legal needs!”

    - Robbie
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  • Multi-Million Dollar Advocates
  • Million Dollar Advocates Forum
  • Top 25 Medical Malpractice Trial Lawyers
  • Top 10 Trucking Trial Lawyers
  • Top 25 Brain Injury Trial Lawyers
  • Top 25 Motor Vehicle Trial Lawyers
  • Top 100 National Trial Lawyers
  • Avvo 10.0 Top Attorney
  • Nation's Premier Top Ten Attorney 2018
  • Who's Who Top Attorneys of North America 2018-2019
  • 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
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Your Case is Our Priority

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