A routine medical procedure is supposed to be just that- routine. A quick trip to the doctor for an examination, procedure, or test, and then home by lunchtime. That was the plan, at least. 

It’s quite another experience when that routine visit to the doctor becomes something else entirely. After suffering an injury, the victim of medical negligence may feel hopeless in the face of medical bills, ongoing treatment, and therapy. They may miss work and have to pay for costly treatment that they did nothing to cause. 

Instead of taking a wait-and-see approach, an injury victim should develop a plan focused on physical and financial recovery. Respond to a medical error the right way by considering the following information. 

Is Every Medical Error an Example of Medical Malpractice?

The victim of a medical error must determine whether the error constitutes medical malpractice. Medical providers- doctors and nurses- have a certain standard of care that must be met in every interaction with every patient. When that standard of care is not met, the error becomes medical malpractice. 

A range of errors can cause major injuries to a patient. Mistaken or missed diagnoses can delay necessary medical treatment. Managing a chronic condition may require medication or regular examinations. If a test, procedure, or medication is missed, you may be able to file a medical malpractice claim. 

Medical errors affect lives across West Virginia. Severe injuries, chronic medical conditions, and problems with daily activities may all result from a single act of medical malpractice. Assessing a medical provider’s liability is only part of an injury victim’s responsibility. From there, proving all elements of a medical negligence case is essential to securing financial recovery. 

Defining the Type of Damages Available in a Medical Malpractice Case

Damages in a medical malpractice case pave the way for receiving compensation. Broadly speaking, two types of damages are available in a medical malpractice case: economic and non-economic damages. 

Economic damages are losses a person suffers that can be readily counted in dollars and cents. 

Medical bills and lost wages are the foremost types of economic damages in a medical malpractice case. Bills incurred in the past, present, and future are relevant in a malpractice claim. 

Lost wages are the days, hours, or shifts missed at work due to injuries suffered in an accident. Additionally, in some instances, an injury victim’s injuries are severe enough to force the person to look for work in a completely different field. Physical labor may no longer be available to an individual after suffering major injuries due to a medical error. Loss of earning capacity can be argued in a case like that. 

Non-economic damages are more difficult to quantify than economic damages. However, they are just as important to a medical malpractice case. While an injury victim cannot readily point to a number for their non-economic damages, courts can calculate them using methods based on the specific loss suffered. 

For instance, one of the most commonly argued types of non-economic damage is pain and suffering. As the name implies, the pain, discomfort, and physical aftermath of an injury caused by medical error can be substantial. The type of injury and the length of necessary rehabilitation determine, in part, how much pain and suffering an injury victim may be awarded. 

Punitive Damages: What Are They and Are They Relevant in a Medical Malpractice Case?

In extreme circumstances, a medical malpractice victim may be eligible for a specific type of damages known as punitive damages. Notably, when a medical provider not only fails to provide care above the required standard but is grossly negligent, punitive damages may be awarded. 

Punitive damages are awarded so infrequently in medical malpractice cases because a medical provider’s conduct must be especially egregious. The standard for punitive damages to be considered is either gross negligence or malicious intent to be found. If either applies in a medical malpractice case, the amount of damages for an injury victim can increase dramatically. 

How Quickly Must an Injury Victim File a Medical Malpractice Lawsuit?

Time limits apply when a person is injured due to medical malpractice. In West Virginia, an injury victim has up to two years from the date the negligence occurred to file a lawsuit. When an injury does not show itself until later, an exception may be made by a court to allow a medical malpractice lawsuit to proceed even if filed beyond the two-year statute of limitations. 

An injury victim must be aware that there are ceilings to the amount of damages that may be awarded in a medical malpractice case. Standard medical malpractice cases allow for only $250,000 to be awarded to a victim regarding non-economic damages. In extreme situations, an injury victim may be eligible for up to $500,000 in non-economic damages. 

What About Comparative Negligence?

West Virginia follows comparative negligence in medical malpractice cases. Compensation for an injury may be reduced if the individual is found to have contributed in some way to the injury. If an injury victim is found to be more than 50% at fault for their damages, they cannot recover any damages at all. 

When Outcomes Matter: Crim Law, PLLC Puts Clients First

Crim Law PLLC serves clients who have been victimized by an act or omission that meets the definition of negligent medical care. For more information, please contact our office today. Our team of experienced West Virginia medical malpractice lawyers always puts our clients’ needs first.