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West Virginia Medical Malpractice Attorney

When a medical professional deviates from the standard of care, patients who put their trust in him or her are left seriously or fatally injured. Medical malpractice claims combine legal complexities and emotionally charged issues. A bond of trust is broken. Victims of a doctor’s negligence are seeking not only compensation for their loss, but also justice.

At the Manchin Injury Law Group in West Virginia, our Fairmont medical malpractice lawyers represent clients in the following types of medical malpractice claims:

Delayed diagnosis — If you are feeling symptoms of a possible serious illness, you trust that your physician will identify the problem and provide quality and attentive care. Overworked doctors who fail to attend to all details can misdiagnose or fail to diagnose cancer and other potentially deadly diseases. The job of our West Virginia failure to diagnose attorneys is to hold them accountable.

Emergency room errors — Despite the chaotic and rushed atmosphere of an emergency room, medical professionals must still maintain basic standards of care. Downplaying or ignoring the needs of a patient can make a bad situation worse. When that patient is your loved one, the consequences can be devastating.

Pharmaceutical and medical device injuries — Some medical malpractice cases do not involve doctors or nurses. Medical product manufacturers must adhere to the same standards as their medical professional counterparts in manufacturing and selling pharmaceuticals and devices. The slightest oversight or error can result in injury or death.

Birth injuries — The excitement of an impending birth can turn to tragedy when a mother or newborn suffers injuries. Failing to monitor heart rates or identifying distress during delivery can lead to immediate and future medical problems. Our West Virginia hospital negligence lawyers bring both experience and compassion to handling these complex, emotionally charged injury claims.

Nursing home negligence and abuse — A loved one is placed in the care of nursing home staff after a careful selection process. You want what is best for your elderly or disabled loved one. Allowing a nursing home resident to wander or overly restraining or medicating him or her not only violates trust, but requires immediate legal action as well.

Medication errors — A mistake when prescribing, dispensing or administering prescription medications can result in serious injuries or death.

Hospital negligence — We represent people in cases involving nursing errors, surgical errors and other types of negligence occurring in hospitals throughout West Virginia.

Filing a Medical Malpractice Claim in West Virginia

Medical professionals have a legal duty to treat people with fairness and reasonable care. If a medical professional in West Virginia injured you or a loved one and you believe you are eligible for a medical malpractice claim, contact the Manchin Injury Law Group.

Steps to Filing a Medical Malpractice Claim

Filing a medical malpractice claim can be complicated and confusing. There are a series of steps that you will need to take.

  1. Contact the medical professional whom you are planning on filing against. Talking to him or her before approaching an attorney gives the medical professional the opportunity to try to correct the mistake before you take the case to court. If the medical professional does not try to rectify the mistake or denies your claim, your next call should be to the medical licensing board. Let the board know what the medical professional did so the board can punish him or her.
  2. Find an attorney in your area who is knowledgeable and experienced in West Virginia medical malpractice cases. Go over your case thoroughly and create a plan for the next steps.
  3. Talk to another medical professional. See if he or she would have chosen the same treatment as the medical professional you are filing the claim against. If the second opinion confirms that the initial medical professional made a bad choice, the second medical professional can give you a certificate to use as proof that you have grounds to file a medical malpractice suit.
  4. File your claim. Your attorney will be able to file it for you. Usually, medical professionals prefer to settle malpractice suits out of court so that they do not need to make them public.


You could receive compensation for a variety of damages from a medical malpractice suit, as the severity of the consequences can vary.

General Damages

General damages cover a patient’s pain and suffering. Pain and suffering includes emotional, physical, and psychological harm a patient experiences because of malpractice. Specifically, it covers medical expenses, lost enjoyment of life, and lost future earning potential.

To determine the price of all the relevant factors, West Virginia courts will often bring expert witnesses to testify about the state of the victim. After hearing about the level of pain and suffering the patient endured, the court will decide how much to award in general damages.

Special Damages

Special damages cover the extra expenses that general damages do not include. For example, past and future medical costs due to the malpractice, therapy, medical equipment, and the cost of any necessary lifestyle modification because of a permanent injury.

Punitive Damages

Unlike general and special damages, punitive damages are not based on compensating the victim for his or her experience. The court assigns punitive damages when the defendant’s actions were intentionally malicious. Punitive damages are meant to be a punishment.

Wrongful Death Damages

In the worst circumstances, a person dies because of medical malpractice. West Virginia has special damages for wrongful death cases. Wrongful death damages include the family’s sorrow, anguish, and loss of companionship, support, and love. The court also may award damages for an inheritance that someone would have received if the victim had lived and wages the family lost because of the victim’s death.

Medical Malpractice Attorney

If you or a loved one has experienced medical malpractice in West Virginia and want to file a claim, contact the Manchin Injury Law Group. We can help you get the compensation that you deserve.

Contact Us

For more information or to schedule a free initial consultation with an experienced Fairmont medical malpractice attorney, please contact us at (304) 367-1862.

We represent people throughout West Virginia, including Fairmont, Clarksburg, and Morgantown.