When a close loved one dies, the surviving family may understandably face numerous struggles. They may question whether there was anything they or anyone else could have done to prevent the death. Unfortunately, the answer to that question sometimes is yes, and the fatality may have occurred due to negligence on the part of medical professionals. In such cases, families may have reason to file medical malpractice claims.
Many women have to travel hours to get prenatal care in the Mountain State. These distances have contributed to medical malpractice cases in West Virginia. Because of the vast rural areas in the state, traveling for prenatal care for many soon-to-be moms isn't out of the ordinary, but more health care providers in country areas would be a step in the right direction.
The head of the medical association in the Mountain State is suggesting that the depressed economy may be partly to blame for the state's ninth place ranking in the country's medical malpractice lawsuits. In a recent report West Virginia showed 29.6 medical malpractice lawsuits for every 100,000 of its residents. The state has laws that cap the amount of some monetary damages for medical malpractice cases against health care providers. Non-economic damages are limited to $250,000 or $500,000 depending upon the severity of the harm.
A malpractice case in West Virginia and in most jurisdictions is usually difficult to prove and must rely on the expert testimony of physicians who practice in the specialty under scrutiny. After a medical malpractice case is filed, there follows an intensive exchange of information between the sides. Much of this may be obtained by discovery demands, but a great deal of information will be provided by each side as a matter of course.
When a patient signs a presurgery release of a doctor and promises not to sue, does that release prevent the patient from later bringing a lawsuit for medical negligence relating to the surgery? The answer in West Virginia is likely to follow general principles set forth in a decision from an appellate court in another state. That court held recently that the release was not effective to stop the patient's lawsuit for medical malpractice.
A claim for medical negligence against a Department of Veterans Affairs hospital may sometimes lead to a pretrial settlement. Such cases are more prevalent since the scandalous reports of poor medical treatment in veterans' facilities hit the air waves about two years back. With many veterans in West Virginia relying on the veterans' facilities for the majority of their medical care, the issue of medical malpractice and the quality of care provided in the these medical facilities remains very important.
For most people in West Virginia and across the country, there is not much choice when it comes to trusting a doctor about their health. When a patient goes to a health care professional complaining of pain, they have every right to expect the appropriate tests will be performed to diagnosis the issue, whatever it may be, so that the proper treatment can be provided. In a medical malpractice suit in another state, a woman claims that a doctor failed to perform such tests, resulting in much-delayed diagnosis of her cancer, with painful consequences.
West Virginia residents who believe they are victims of negligence by a medical professional may be interested in learning that there are three common errors made by physicians and surgeons nationwide. Reportedly, these medical mistakes are high up on the list of leading causes of death in the country. These errors can cause deaths or leave patients with severe mental and physical scars, and they give rise to many medical malpractice lawsuits.
A veteran who is injured or killed by the negligence of a Veterans Administration health care provider may make a claim against the federal agency under the Federal Tort Claims Act. Even though veterans in West Virginia and nationwide have had the right to competent medical care for decades, for the past five years the country witnessed several scandals regarding inadequate care at these facilities. Recently, a federal judge sitting in another state entered a $2.5 million medical malpractice award to an Army veteran who is dying of prostate cancer.