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Hurt by a Healthcare Provider in Huntington?

At Stewart Bell, PLLC, we understand the devastating impact of medical malpractice and are dedicated to helping victims seek justice and fair compensation. Schedule a free case review with a Huntington medical malpractice lawyer today.

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Your Medical Malpractice Lawyer in Huntington, WV

Experiencing medical malpractice can be a traumatic and life-altering event, leaving you with physical, emotional, and financial burdens. At Stewart Bell, PLLC, we are committed to providing compassionate and effective legal representation for victims of medical negligence in Huntington, WV. Our team of qualified attorneys will work tirelessly to investigate your case, gather critical evidence, and collaborate with medical experts to build a robust claim. Our goal is to secure the compensation you may deserve and hold negligent healthcare providers accountable for their actions. Trust our Huntington medical malpractice lawyers to fight for your rights and guide you through this challenging time with dedication and skill.

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We Make It Easy

Get help with your medical malpractice claim today by calling us or submitting your case with our online form for a free review.

Fighting for Your Rights

If you’ve been injured by a healthcare provider, your rights are protected by law. We are here to defend those rights and win you every bit of the compensation you’re owed!

You Only Pay If We Win

There are no upfront fees when you work with Stewart Bell, PLLC. In fact, we don’t charge any fees unless we win compensation for you! No risks, just honest and affordable representation.

What is Medical Malpractice?

Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, resulting in harm to the patient. This can include acts of negligence, errors, or omissions during diagnosis, treatment, aftercare, or health management.

Examples of Medical Malpractice

  • Misdiagnosis or delayed diagnosis
  • Surgical errors, such as operating on the wrong site or leaving surgical instruments inside the patient
  • Medication errors, including incorrect dosage or prescribing the wrong medication
  • Birth injuries, such as cerebral palsy caused by medical negligence during delivery
  • Failure to obtain informed consent from the patient
  • Improper or inadequate treatment

If you suspect you or a loved one have been a victim of medical malpractice, seeking legal advice can help protect your rights and secure the compensation you may deserve. Get a free consultation with a medical malpractice lawyer in Huntington today.

Compensation Available For Huntington Medical Malpractice Victims

Suffering from medical malpractice can lead to significant physical, emotional, and financial burdens. In Huntington, medical malpractice victims may be entitled to various forms of compensation to help cover their losses and support their recovery.

  • Medical Expenses: This includes reimbursement for both past and future medical costs related to the malpractice. It covers hospital bills, surgeries, medications, rehabilitation, and any necessary ongoing treatment.
  • Lost Wages and Loss of Earning Capacity: If the malpractice resulted in time away from work or impaired your ability to earn a living in the future, you might be compensated for lost wages and reduced earning capacity.
  • Pain and Suffering: Victims can receive compensation for the physical pain and suffering endured due to the malpractice. This is intended to cover the non-economic impact on the victim’s life.
  • Emotional Distress: Beyond physical injuries, medical malpractice can cause significant emotional trauma. Compensation for emotional distress addresses the psychological impact, such as anxiety, depression, and loss of enjoyment of life.
  • Loss of Consortium: If the malpractice affects the victim’s relationship with their spouse or family, compensation may be awarded for the loss of companionship, support, and intimacy.
  • Punitive Damages: In cases of gross negligence or willful misconduct by the healthcare provider, punitive damages may be awarded. These are intended to punish the wrongdoer and deter similar conduct in the future.

Seeking compensation can be a complex process, but it is crucial for addressing the full scope of harm caused by medical malpractice. A knowledgeable attorney can guide you through this process, helping to ensure that you receive the compensation you may be entitled to for your suffering and losses. If you believe you have a medical malpractice claim, contact a Huntington medical malpractice lawyer to see what your case may be worth.

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Medical Malpractice Laws in West Virginia

Understanding the legal framework surrounding medical malpractice in West Virginia is essential for anyone considering filing a claim. These laws outline the procedures, deadlines, and limitations that must be followed to ensure a valid and timely case. Familiarizing yourself with these regulations can significantly impact your ability to secure fair compensation for your injuries. Here are some key aspects of West Virginia’s medical malpractice laws that you need to be aware of:

Deadline to File a Claim

In West Virginia, the statute of limitations for medical malpractice claims is generally 2 years from the date of the injury or from the date when the injury was or should have been discovered. There are exceptions, so it’s important to consult with a lawyer to understand the specific deadlines that apply to your case.

Cap on Damages

West Virginia law imposes a cap on non-economic damages, such as pain and suffering, in medical malpractice cases. As of the latest legislation, the cap is $250,000 per occurrence, but it can increase to $500,000 in cases involving wrongful death or severe permanent injury.

Comparative Negligence

West Virginia follows the doctrine of comparative negligence, which means that if a patient is partially at fault for their injuries, their compensation may be reduced by their percentage of fault. For instance, if you are found to be 20% at fault, your compensation would be reduced by 20%. This principle emphasizes the importance of thoroughly proving the extent of the healthcare provider’s negligence.

Certificate of Merit

West Virginia requires a certificate of merit for medical malpractice claims, which involves a qualified medical expert reviewing the case and certifying that there is a valid basis for the claim. This requirement helps to filter out frivolous lawsuits and ensure that only legitimate claims proceed. 

These laws can be challenging to understand without professional legal assistance. A skilled medical malpractice attorney can provide valuable support by interpreting relevant laws, gathering necessary documentation, and representing your interests throughout the legal process. They can also help you understand your rights, build a strong case, and pursue the maximum compensation available under West Virginia law.

Establishing Negligence in Medical Malpractice Cases

To prove negligence in a medical malpractice case, the following elements must be established:

  1. Duty of Care: The healthcare provider owed a duty of care to the patient.
  2. Breach of Duty: The provider breached that duty by acting or failing to act in a manner that deviates from the accepted standard of care.
  3. Causation: The breach of duty directly caused the patient’s injury.
  4. Damages: The patient suffered actual harm or damages as a result of the breach.

Proving negligence is necessary for the success of a medical malpractice claim. It requires thorough investigation, expert testimony, and a comprehensive understanding of medical standards and legal principles. A medical malpractice lawyer at Stewart Bell, PLLC, can help gather the necessary evidence, work with medical experts, and build a strong case to demonstrate negligence and help secure fair compensation for your suffering. Having a dedicated legal advocate on your side can significantly impact the outcome of your case, so contact us today.

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What To Do If You Suspect Medical Malpractice

It’s essential to take proactive steps to protect your health and legal rights. Here are the steps you should take if you suspect medical malpractice:

  • Seek a Second Opinion: Get a second medical opinion to understand the extent of the harm caused.
  • Request Medical Records: Obtain copies of all relevant medical records to review and provide to any legal or medical experts.
  • Document Everything: Keep detailed records of all medical treatments, communications with healthcare providers, and any changes in your health.
  • Consult a Lawyer: Speak to a medical malpractice lawyer as soon as possible to evaluate your case and understand your legal options.

Medical Malpractice Lawyer FAQs

You may have a medical malpractice case if a healthcare provider’s negligence or failure to adhere to the standard of care caused you harm. Common indicators include misdiagnosis, surgical errors, medication mistakes, or lack of informed consent. Consulting with a medical malpractice lawyer can help determine the validity of your case.

The duration of a medical malpractice case varies depending on its complexity and whether it goes to trial. It can take several months to several years. Your lawyer can provide a more accurate timeline based on your specific circumstances.

If a healthcare provider denies wrongdoing, it’s essential to consult with a medical malpractice lawyer who can investigate your case, gather evidence, and work with medical experts to build a strong claim on your behalf.

Yes, West Virginia follows the doctrine of comparative negligence, which means you can still file a claim even if you were partially at fault. However, your compensation will be reduced by your percentage of fault.

Hiring our medical malpractice lawyers costs nothing upfront, as we work on a contingency fee basis. This means we only get paid if you win your case, taking a percentage of the settlement or award. This arrangement makes legal representation accessible without the burden of upfront costs.

You should hire a medical malpractice lawyer as soon as you suspect that you or a loved one has been a victim of medical negligence. Early consultation allows the lawyer to promptly investigate the case, preserve crucial evidence, and advise you on the best course of action.

How a Huntington Medical Malpractice Attorney Can Help Your Claim

Navigating a medical malpractice claim can be complex and overwhelming. An experienced medical malpractice attorney in Huntington can provide valuable support and legal guidance throughout the entire process, increasing your chances of a successful outcome. Here’s how an attorney can help your claim:

  • Investigate Your Case Thoroughly: An attorney will conduct a comprehensive investigation into your case. This includes reviewing your medical records, interviewing witnesses, and consulting with medical experts to establish the facts and identify any deviations from the standard of care.
  • Gather and Analyze Medical Records and Evidence: Medical malpractice cases rely heavily on detailed medical records and evidence. Your attorney will meticulously gather and analyze these documents to build a strong case. They will look for inconsistencies, errors, and any indications of negligence that contributed to your injury.
  • Consult with Medical Experts: To substantiate your claim, your attorney will work with qualified medical experts who can provide professional opinions on the standard of care and how it was breached in your case. These experts can offer testimony that strengthens your position and helps prove negligence.
  • Negotiate with Insurance Companies on Your Behalf: Insurance companies often aim to minimize payouts in medical malpractice cases. Your attorney will handle all communications and negotiations with the insurance companies, advocating for a fair settlement that adequately compensates you for your injuries and losses. Their experience in dealing with insurers can prevent you from being shortchanged.
  • Represent You in Court if Necessary: If a fair settlement cannot be reached, your attorney will be prepared to take your case to court. They will represent you throughout the litigation process, presenting your case to a judge, cross-examining witnesses, and making compelling arguments to secure the compensation you deserve.

Having a dedicated medical malpractice attorney by your side can make a significant difference in the outcome of your case. They provide the legal knowledge, resources, and support needed to navigate the complexities of medical malpractice claims, allowing you to focus on your recovery.

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Our Huntington Medical Malpractice Attorneys

Charleston Personal Injury Lawyer Jeff David Stewart

Attorney Jeff David Stewart

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A photo of Allison Santer standing in her office

Attorney Allison R. Santer

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Katherine H. Arritt

Attorney Katherine H. Arritt

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Personal Injury Lawyer Andrew Paternostro

Attorney Andrew L. Paternostro

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Speak to a Medical Malpractice Lawyer in Huntington For Free

If you or a loved one has been affected by medical malpractice, don’t hesitate to seek legal assistance to protect your rights and pursue justice. At Stewart Bell, PLLC, we offer a free, no-obligation consultation to discuss your case and explore your legal options. Our experienced medical malpractice lawyers in Huntington are here to listen to your story, answer your questions, and help you understand your legal options. Contact us today to schedule your free consultation and take the first step towards holding negligent healthcare providers accountable.

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For more than 30 years, the lawyers of Stewart Bell, PLLC have helped the people and businesses of West Virginia protect their interests and rights. We understand the issues that injured people and their families face after an accident and work quickly to obtain the MAXIMUM amount of compensation for every case we handle.

We have recovered MILLIONS of dollars for clients injured because of nursing home abuse, motor vehicle accidents or medical malpractice.

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