Let’s start with a disclaimer: Not every case is the same. If there is one thing we have learned from our years of handling these claims, it is that they rarely follow the exact same course. But we also know that most cases follow a similar process. Having a basic understanding of what to expect can help demystify the process, clarify the decisions ahead, and help you determine whether filing a lawsuit is right for you.

When Does a Nursing Home Abuse or Medical Malpractice Case Start?

Most cases do not start with a lawyer or a lawsuit. They start with questions and concerns. Perhaps someone falls and keeps falling, or you notice that your loved one’s bedsores won’t heal. Or maybe certain symptoms were dismissed, and now the diagnosis is much worse. And to top it off, the medical records don’t match what family members have been told. At that point, people are simply looking for answers. 

But many cases never move beyond the questioning stage because, after the records are reviewed, what happened to the individual actually makes sense. Some cases, however, raise serious concerns and questions regarding potential liability. The goal at this stage is usually to seek clarity and additional information, not to start conflict.

Medical Record Review and Initial Analysis 

One step typically taken before filing a lawsuit is a records review. Medical records, nursing notes, care plans, medications, and hospital records often provide a more thorough picture than what anyone is saying.  

In both nursing home abuse and malpractice cases, reviewing records is a critical early step. Does the record support a claim? Were the decisions made and care provided appropriate? Were there staffing issues (shortages, heavy workloads, etc.) that may have played a role in what happened? Could the outcome have been prevented? 

Reviewing records often involves consulting nurses or medical experts who can provide an independent view of what happened and what should have happened under similar circumstances. Those expert views usually determine whether a case meets legal standards in West Virginia.  

Filing the Lawsuit  

In West Virginia, all malpractice cases must be screened and must follow specific legal procedures. The screening process is intended to provide an early evaluation of the claim’s merits and to weed out cases that lack merit.  

Regarding nursing home cases, the requirements may differ. Clarifying what’s needed early on is part of the legal process. It is important for us to make clear at this point that filing a lawsuit is not instantaneous or automatic. Reviewing records and making legal determinations takes time. Filing a lawsuit takes time. Discovery and information gathering take time. If it doesn’t make legal sense to file a case, it shouldn’t be filed. 

Discovery and Trial Prep

Discovery is often the longest part of the process. During discovery, both sides gather evidence, share information, and prepare for trial, if necessary. Families and the individuals who bring the claim may be asked questions, usually in writing but sometimes under oath. This may include information on their observations, conversations, and how the alleged injury has affected their life and activities. The questioning can be stressful, but it is only part of the discovery process, which can take months.

Mediation and Case Settlement 

Mediation and settlement can come at different points in the process.  

Settlement of a case is not “giving up.” It is also not an admission of fault or responsibility. It is a mutual decision to manage the uncertainty and risks associated with a lawsuit. Trials are hard, expensive, and the results are always unpredictable.

If the parties can reasonably agree on responsibility and the value of the case, settling makes sense. Settlement can provide the funds and resources to care for a loved one, cover future needs, and provide a degree of closure without the uncertainty of a trial.

Trial 

Still, in a world where it seems as though settlements are the norm, some cases actually do go to trial. In most instances, there is a jury trial in which the facts of the case are presented to a jury that must decide the key issues. However, some cases are tried before a judge (but that is rare). 

Trials take time. They take preparation. Trials can be emotionally difficult for family members, but they also provide a public forum for families to fully explain what happened. You should also be aware that mediation and settlement remain on the table during this time.  

Final Judgment and Proper Compensation

When a case is favorably resolved, it may provide compensation to help cover medical costs, future needs, and some or all of the losses permitted under West Virginia law. This may include payment for pain and suffering. 

Compensation can also provide some measure of justice and accountability, and it can provide closure and answers for families who may have struggled to understand what happened.

Human Nature

If there is one element of this process that does not get discussed enough, it is the human element. It is often difficult to navigate a process like this without reopening old wounds. Family members find themselves rehashing difficult decisions, reliving troubling moments, and wondering about things they said or didn’t say. All of this is normal. 

However, a reasonable and compassionate attorney does not treat families merely as sources of information while they go through the legal process. Your attorney should recognize that you are human and that you’ve been hurt, but you still need answers and are trying to determine what to do next.

Seek Guidance from a Skilled Medical Malpractice Lawyer Today

The legal process is not always exciting, but it can be rewarding. It can also be the first step to finding the answers you and your family need. If you are looking for a West Virginia nursing home abuse attorney or medical malpractice lawyer, our staff is here to help. Contact our office today to learn more about your legal rights.