A close-up image of a person holding the hand of a hospital patient.

Have You Suffered Because of a Negligent Medical Provider in West Virginia?

You shouldn’t have to bear the burden alone. Stewart Bell, PLLC is dedicated to fighting for victims of medical negligence with skill, compassion, and a commitment to justice. Schedule a free consultation with a medical malpractice lawyer in West Virginia today to learn how we can help.

"*" indicates required fields

Name*
This field is hidden when viewing the form
This field is hidden when viewing the form

Your Medical Malpractice Lawyer in West Virginia

When medical treatment goes wrong due to negligence, the consequences can be devastating. If you or a loved one has been harmed by a healthcare provider’s mistake, you need a trusted ally by your side. As your medical malpractice lawyer in West Virginia, Stewart Bell, PLLC is committed to holding negligent medical professionals accountable and securing the compensation you may be entitled to. With extensive experience in medical malpractice law, we understand the complexities of these cases and are here to guide you through each step with compassion and determination. Let us help you find justice and begin the path toward healing.

Get Your Free Case Review

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—like a doctor, nurse, or other hospital employee—fails to meet the standard of care, causing harm to the patient. This harm can be due to errors in diagnosis, treatment, aftercare, or even health management. In West Virginia, medical malpractice claims are significant, and medical errors impact hundreds of patients each year. These claims can involve serious injuries or long-term disabilities, with some resulting in life-altering consequences for victims and their families. Medical malpractice cases are complex, often requiring legal support to navigate and determine liability.

Types of Medical Malpractice Cases Stewart Bell Handles

At Stewart Bell, PLLC, our West Virginia medical malpractice attorneys handle various types of medical malpractice cases, including:

  • Surgical Errors: Mistakes during surgery, such as operating on the wrong site or leaving surgical instruments inside the body.
  • Misdiagnosis or Delayed Diagnosis: When a healthcare provider fails to diagnose or misdiagnoses a condition, leading to delayed treatment and worsened conditions.
  • Medication Errors: Mistakes involving incorrect prescriptions, wrong dosages, or harmful drug interactions.
  • Birth Injuries: Harm to a newborn or mother due to improper medical practices during pregnancy or delivery.
  • Anesthesia Errors: Errors related to administering anesthesia, which can lead to serious complications or death.

Reviews

What Damages Can Medical Malpractice Victims Recover?

In West Virginia, victims of medical malpractice are often entitled to compensation to help them recover from their losses and move forward with their lives. Damages in a medical malpractice case generally fall into 3 main categories:

Economic damages compensate victims for the actual financial costs they’ve incurred due to medical malpractice. These are tangible losses that can be calculated with documentation, such as medical bills and income records. Economic damages include:

  • Medical Expenses: This covers past, current, and anticipated future medical costs that arise from the malpractice incident. Expenses might include hospital stays, surgeries, medications, rehabilitation, and any necessary long-term care.
  • Lost Wages and Loss of Earning Capacity: If the injury prevents the victim from working, either temporarily or permanently, they may be entitled to recover lost income. This also includes compensation for a reduced earning capacity if the victim’s ability to work is impaired long-term, impacting future earnings.

These damages aim to help the victim manage the ongoing financial impact of medical malpractice by reimbursing out-of-pocket costs and lost income.

Non-economic damages cover the more intangible, personal losses that don’t have a direct financial cost but are significant nonetheless. These damages are especially important in cases of severe injury, as they address the quality-of-life impacts of the injury:

  • Pain and Suffering: This compensates for the physical pain and emotional distress caused by the injury. Pain and suffering damages can vary greatly depending on the severity and duration of the pain the victim endures.
  • Loss of Enjoyment of Life: Injuries from malpractice can significantly diminish a victim’s ability to engage in activities they once enjoyed. This damage aims to compensate for that loss, recognizing how the injury affects day-to-day life.
  • Loss of Consortium: Medical malpractice can also impact a victim’s relationships, particularly with their spouse or family members. Loss of consortium damages compensate for the loss of companionship, support, and affection that result from the victim’s injuries.

Punitive damages are less common in medical malpractice cases, but they may apply in situations involving gross negligence or malicious intent. These damages are meant to punish the wrongdoer and deter similar conduct in the future rather than to compensate the victim directly. West Virginia courts may award punitive damages when there is clear evidence that the healthcare provider acted with reckless disregard for patient safety.

Note: In West Virginia, non-economic and punitive damages are capped.

At Stewart Bell, PLLC, our goal is to pursue every possible avenue to secure maximum compensation for you or your loved one. We understand the far-reaching impacts of medical malpractice, from financial strain to deeply personal losses. Our team works diligently to build a strong case to recover these damages, fighting to ensure that you receive the support you need to heal and move forward. Schedule a free consultation today to see what your case may be worth.

Get Your Free Case Review

West Virginia Medical Malpractice Laws

The laws governing medical malpractice in West Virginia define important elements like filing deadlines, limits on compensation, and the burden of proof required to hold healthcare providers accountable. Below is an overview of the key legal components that impact medical malpractice cases in West Virginia.

Statute of Limitations

West Virginia law allows victims to file a claim within 2 years from the date of the malpractice incident, or the date the injury was discovered. Exceptions may apply in cases involving minors or instances where the injury was not immediately apparent. However, the final deadline to file a claim is capped at 10 years from the date of the malpractice, regardless of when the injury was discovered.

Caps on Damages

West Virginia limits non-economic damages to $250,000 in medical malpractice cases, increasing to $500,000 in cases involving wrongful death or permanent, disabling injuries. Additionally, punitive damages are limited to 2 times the amount of compensatory damages or $500,000, whichever amount is greater.

Comparative Negligence

West Virginia follows a modified comparative negligence rule, meaning that your compensation may be reduced if you are found partially at fault. If you are 50% or more responsible, you may not be able to recover any damages.

Certificate of Merit

In West Virginia, a Certificate of Merit is required to file a medical malpractice claim. This document, signed by a qualified healthcare provider, certifies that the responsible party deviated from the standard of care and that this deviation caused the patient’s injury.

Under West Virginia law, patients must be informed of the potential risks and benefits of a treatment. If a healthcare provider fails to obtain proper informed consent, they may be held liable for any resulting harm.

Navigating these laws can be complex, which is why having an experienced West Virginia medical malpractice lawyer on your side can significantly improve your chances of a successful outcome. Stewart Bell, PLLC is dedicated to guiding you through these regulations to build a strong case. Get your free case review today.

How To Prove Liability in a West Virginia Medical Malpractice Case

Proving liability in a medical malpractice case is a critical step in holding negligent healthcare providers accountable. For a successful claim, it’s necessary to demonstrate that the healthcare professional’s actions deviated from the accepted standard of care, leading directly to the patient’s harm. This process can be complex and requires a thorough understanding of both medical and legal standards.

To succeed in a medical malpractice claim, you must establish:

  • Duty of care: The healthcare provider owed a duty to the patient.
  • Breach of duty: The provider failed to meet the standard of care.
  • Causation: The breach directly caused the patient’s injury.
  • Damages: The injury resulted in measurable harm.

Our attorneys will gather evidence, work with medical experts, and build a compelling case to prove liability. By rigorously establishing each of these elements, we aim to help you pursue the justice and compensation you may be entitled to.

Filing a Medical Malpractice Claim in West Virginia

Filing a medical malpractice claim in West Virginia can be a complex process, but taking the right steps early on can make a substantial difference in your case. The goal is to secure fair compensation for your injuries and hold the responsible parties accountable. Here are the steps involved in pursuing a medical malpractice claim and how our team at Stewart Bell, PLLC can support you every step of the way:

Although it may be discouraging to have been harmed by a medical professional, it’s important to get the proper treatment from another healthcare provider, because your health is a priority. Also, be sure to document all medical records, treatments, and any symptoms or complications. Keeping a detailed record not only supports your case but also provides a clear timeline of events and medical interventions that can be valuable when establishing liability.

Seek immediate legal counsel from a qualified West Virginia medical malpractice attorney, like those at Stewart Bell, PLLC. An experienced attorney can evaluate your case, explain your rights, and guide you through the often complex legal landscape of medical malpractice claims.

We thoroughly investigate your case, consult with medical experts, and secure evidence to support your claim. This process includes obtaining expert testimony to substantiate that the standard of care was breached, as well as gathering detailed evidence of the harm you suffered.

Our team handles all negotiations with the responsible parties and insurers, aiming to reach a fair settlement. We are committed to advocating for the maximum compensation you may be entitled to, leveraging our negotiation experience to secure a favorable outcome.

If a fair settlement can’t be reached through negotiation, we’re prepared to take your case to court to pursue justice. At trial, we present the full scope of evidence and expert testimony to demonstrate the impact of medical negligence on your life.

Once a settlement or verdict is reached, we work swiftly to help ensure you receive the compensation that may be owed to you. Our focus is on helping you move forward with the financial support you need for medical bills, lost income, and other associated costs.

Why Hire a West Virginia Medical Malpractice Attorney From Stewart Bell, PLLC?

With decades of experience, Stewart Bell, PLLC is dedicated to holding negligent healthcare providers accountable. We have the legal knowledge, resources, and compassion to guide you through every step of your case, ensuring your rights are protected. Here’s why choosing us makes a difference:

  • Extensive Experience: Decades of handling complex medical malpractice cases in West Virginia.
  • Deep Legal Knowledge: A thorough understanding of West Virginia and federal medical malpractice laws.
  • Comprehensive Case Building: Access to top medical experts, investigators, and resources to strengthen your case.
  • Aggressive Negotiation: Skilled in negotiating with insurance companies for maximum compensation.
  • Trial-Ready Representation: Prepared to take your case to trial if a fair settlement cannot be reached.
  • Personalized Attention: Compassionate, client-centered approach with dedicated support at every stage.
  • Contingency Fee Basis: No upfront costs; you only pay if we win your case.

Get Your Free Case Review

Our West Virginia Medical Malpractice Attorneys

Charleston Personal Injury Lawyer Jeff David Stewart

Attorney Jeff David Stewart

View Bio
A photo of Allison Santer standing in her office

Attorney Allison R. Santer

View Bio
Katherine H. Arritt

Attorney Katherine H. Arritt

View Bio
Personal Injury Lawyer Andrew Paternostro

Attorney Andrew L. Paternostro

View Bio

Medical Malpractice Lawyer FAQs

Medical malpractice occurs when a healthcare provider’s negligent actions fall below the accepted standard of care, leading to patient harm. This may include misdiagnosis, surgical errors, medication mistakes, or failure to obtain informed consent. To determine if malpractice has occurred, a qualified attorney can review the specifics of your case and identify if the provider deviated from standard practices.

If you experienced harm due to a medical provider’s negligence, consult an attorney who can evaluate the details and advise on your eligibility to file a claim. An attorney can help determine if the necessary elements—duty, breach, causation, and damages—are present in your case, strengthening your potential for a successful claim.

A typical case may take several months to years, depending on the complexity and whether it goes to trial. Cases that involve severe injuries, multiple expert testimonies, or disputes over liability often take longer, but our team works diligently to resolve your case as efficiently as possible.

Gather all medical documentation and seek legal advice to discuss options for building a strong case. A skilled attorney can help collect evidence, secure expert testimony, and demonstrate how the provider’s actions led to your injuries, even if the provider denies responsibility.

While not required, an experienced attorney can guide you through the legal process, handle complex paperwork, and negotiate with insurance providers. A lawyer can also represent your best interests, helping to build a strong case and maximize your chances of obtaining fair compensation.

At Stewart Bell, PLLC, our West Virginia medical malpractice lawyers work on a contingency basis, meaning you only pay if we win your case. This arrangement allows you to pursue justice without upfront costs, ensuring that financial concerns don’t prevent you from seeking compensation for your injuries.

Consult With a Medical Malpractice Lawyer in West Virginia – No Cost, No Obligation

If you or a loved one has suffered due to medical negligence, don’t face this challenging process alone. At Stewart Bell, PLLC, our experienced and compassionate attorneys in Charleston, Huntington, Dunbar, and across West Virginia are here to guide you through every step, fighting for justice and maximum compensation. We are dedicated to holding negligent healthcare providers accountable and helping rebuild your life. Contact us today for a free, no-obligation consultation with a medical malpractice lawyer in West Virginia—let us help you take the first step toward justice and peace of mind.

Request a Free Consultation

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.

"*" indicates required fields

Name*
This field is hidden when viewing the form
This field is hidden when viewing the form