Medical Malpractice

A West Virginia Medical Malpractice Lawyer Fighting for Victims

At Crim Law, we have dedicated our careers to helping people and families victimized by doctors’ mistakes, hospital errors, and other forms of medical malpractice. 

People put a lot of trust in physicians and other medical professionals. Unfortunately, the medical industry does not always live up to its responsibilities. When malpractice happens, it can have devastating consequences for the patient and their family.

A West Virginia medical malpractice attorney will help you understand your rights and fight back by seeking compensation for your injuries.

What Is Medical Malpractice in West Virginia?

Medical malpractice happens when a doctor or other medical professional does not meet a certain standard of care in treating a patient, causing the patient to be injured. It can include situations in which a patient suffers a new injury or illness and those in which an existing condition is made worse.

The specific standard of care expected depends on the circumstances but is generally that which would be expected of a reasonably prudent and careful medical professional in the same situation. 

Hospitals, nursing homes, dental practices, and other healthcare providers are generally liable for malpractice by employees acting within the scope of their jobs. These companies also often have malpractice and other forms of insurance, which may cover some claims.

Hospitals

Hospitals provide a wide range of services, which means they can be exposed to a variety of malpractice claims. Some of the most common include claims related to the failure to admit a patient, as well anesthesia and other mistakes during surgery. If you or a loved one were a victim of medical malpractice in a hospital, a West Virginia medical malpractice attorney can help,

Medical malpractice in hospital settings can also frequently result from understaffing, poor communication among medical teams, or administrative failures that compromise patient safety. Common errors include surgical mistakes, anesthesia complications, misdiagnosis in the emergency room, or failure to monitor a patient’s condition postoperatively. Hospitals may also be held liable for negligent hiring practices or inadequate staff training. When these institutions fail to provide appropriate care, patients suffer. It’s our job to hold careless facilities and medical professionals accountable. At Crim Law, we fight for those harmed by hospital negligence across West Virginia.

Nursing Homes, Assisted Living Facilities, Long-Term Care Facilities

These facilities are home to residents who are among the most susceptible to illness and injury, from bedsores and broken bones from slips and falls to malnourishment and problems related to medication errors. When a resident is injured or dies, it often poses questions about the care provided by the facility and its staff.

Therapists and Mental Health Facilities

Malpractice suits against mental health professionals are rising in West Virginia and across the country. Whether it is a claim alleging the failure to treat mental health issues with medication properly or that a therapist did not adequately assess a patient’s suicide risk, these cases often raise complicated questions about the standard of care required from mental health professionals.

Medical Doctors and Nurses

Doctors and nurses are often on the front line when treating patients for a wide range of illnesses, injuries, and conditions. Some of the most common forms of malpractice include:

• Misdiagnosis
• Prescription errors
• Surgical mistakes
• Anesthesia errors
• Pregnancy and birth injuries
• Negligent early discharge

Sadly, many of these kinds of errors are preventable. Hospitals and other medical care providers must ensure that their doctors and staff are adequately trained, equipped with the tools they need, and properly supervised. 

Pharmacies

Pharmacies and pharmacists also play a key role in helping people manage pain and treat medical conditions. However, malpractice commonly happens when a pharmacist incorrectly fills a prescription, fails to provide appropriate instructions for use, or does not properly warn a patient of the risks associated with the medication.

Ancillary Care Providers

Diagnostic and support service providers play an important role in healthcare by helping doctors diagnose and treat medical conditions. However, when they make mistakes, it puts people’s safety and even lives at risk.

Dentists

Dentists can do serious harm when they fail to properly identify oral health issues, recommend the correct course of treatment or make errors in carrying out that treatment. Like all medical professionals, Dentists are held to a duty of care when treating patients. Dental malpractice can result in serious injuries such as nerve damage, permanent numbness, infections, or even the unnecessary extraction of healthy teeth. In some cases, a failure to detect oral cancers or other serious conditions during routine exams can lead to life-threatening delays in treatment. Errors in administering anesthesia or performing complex procedures without appropriate training can also lead to devastating outcomes. When a dentist’s negligence causes harm, Crim Law is prepared to investigate the facts and pursue justice on behalf of the injured patient.

Care Clinics

Care clinics, including urgent care centers and walk-in facilities, are often relied upon for quick, convenient treatment, but speed can come at a cost. These clinics may be understaffed, under-equipped, or pressured to push patients through too quickly, increasing the risk of diagnostic and treatment errors. Malpractice in a clinic setting can include misdiagnosis, failure to order necessary tests, medication errors, or inadequate follow-up care. A patient with serious symptoms may be wrongly reassured or discharged without the proper referrals. When rushed or inattentive providers overlook critical warning signs, patients may suffer complications that could have been avoided with thorough and attentive care.

Medical Facilities

Medical facilities such as outpatient surgical centers, rehabilitation clinics, dialysis centers, and imaging labs are designed to provide specialized care outside of a hospital setting. While these facilities offer convenience, they must still meet the same legal and professional standards as larger institutions. Malpractice in these environments can occur when technicians mishandle equipment, surgical procedures are performed without proper oversight, or aftercare is neglected. For example, an imaging error can lead to a missed cancer diagnosis, or a rehabilitation clinic might worsen an injury through improper physical therapy techniques. When mistakes happen in these settings, patients have the right to hold providers accountable for their negligence.

Why Choose Crim Law for Your Medical Malpractice Case?

When you’ve been injured by a medical professional’s negligence, the law firm you choose can make all the difference. Crim Law offers the experience, dedication, and resources needed to pursue justice for your medical injuries. Here’s why so many clients trust us with their most serious cases.

Deep Knowledge of Medical Negligence Law

Medical malpractice claims are some of the most complex cases in civil litigation. They require a detailed understanding of both medical and legal standards. At Crim Law, we bring years of focused experience handling hospital errors, surgical mistakes, misdiagnoses, and more. We understand how to identify breaches in the standard of care and how to prove them with compelling evidence.

Strong Relationships With Medical Experts

Winning a malpractice case often depends on expert testimony. Crim Law has built strong relationships with respected physicians, surgeons, and specialists who can evaluate your records and testify on your behalf. We use this expert insight to strengthen our arguments and counter the defenses raised by hospitals and insurance companies.

Results-Driven, Client-Focused Representation

We treat every client with the compassion and attention they deserve. From the first consultation to the final resolution, we keep you informed, answer your questions, and aggressively pursue the outcome you need. In every case, our priority is securing full and fair compensation on your behalf.

No Fees Unless We Win

Medical malpractice cases can be expensive to pursue, but cost should never be a barrier to justice. Crim Law handles malpractice cases on a contingency fee basis—meaning you pay nothing unless we recover money on your behalf.

Who Could Be Liable for Medical Malpractice?

Medical malpractice cases often involve more than just one careless medical care provider. In fact, liability can extend to multiple healthcare professionals and the institutions they work for. Identifying who is to blame for negligent medical care is a critical step in building a strong legal case. Our firm investigates every possible source of negligence to hold the right parties accountable.

Physicians and Surgeons

Doctors are frequently at the center of malpractice claims, particularly when there is a misdiagnosis, surgical error, or failure to provide appropriate treatment. A physician may be liable for overlooking critical symptoms, ordering the wrong diagnostic tests, or making decisions that deviate from accepted medical standards. Surgeons, in particular, may be held accountable for operating on the wrong site, causing unintended internal injuries, or failing to close a surgical wound properly. These mistakes can result in long-term complications, disability, or even death.

Nurses and Support Staff

Nurses are responsible for administering medications, monitoring patient conditions, and relaying vital information to doctors. When nurses fail to follow care protocols, make medication errors, or ignore signs of distress, their negligence can directly harm the patient. Likewise, support staff such as orderlies or technicians may be liable for mishandling equipment, mislabeling lab samples, or failing to maintain sanitary conditions. These roles are essential to patient safety, and lapses in duty can be just as damaging as physician errors.

Hospitals and Medical Facilities

Hospitals and clinics may be held legally responsible for the conduct of their employees under the doctrine of vicarious liability. If an employee’s negligence causes injury during the course of their job, the facility may share in the blame. In addition, hospitals can be directly liable for their own negligent actions, such as hiring unqualified staff, failing to enforce safety protocols, or ignoring known risks. Poor staffing decisions, inadequate training, or a culture that prioritizes speed over safety can all contribute to harmful outcomes.

Specialists and Technicians

Healthcare specialists—including anesthesiologists, radiologists, pathologists, and lab technicians—play crucial roles in diagnosing and treating patients. If these professionals misinterpret test results, administer anesthesia improperly, or fail to communicate findings accurately, the consequences can be devastating. For example, a radiologist who misses signs of cancer on a scan may cause a patient to lose months of critical treatment time. These errors often go unnoticed until a patient’s condition worsens, making thorough legal and medical review essential.

Pharmacists

Pharmacists are tasked with ensuring patients receive the correct medications in the proper dosages. When they fill a prescription incorrectly, fail to catch drug interactions, or mislabel a container, they can cause serious harm. These mistakes can be especially damaging for patients with allergies or complex medical conditions. In many cases, pharmacy errors stem from high-volume workloads or the lack of proper quality control measures.

At Crim Law, we take a comprehensive approach to medical malpractice litigation. We don’t stop at the obvious—our team investigates every angle to determine all potential sources of liability. If a provider’s negligence has injured you or a loved one, we are ready to fight for the justice and compensation you deserve.

Speak With a West Virginia Medical Malpractice Attorney

If you or a loved one has been injured by medical malpractice, a medical malpractice attorney at Crim Law can help.

Our office is conveniently located in Clarksburg, and we are pleased to serve clients throughout the region. Contact us online or call us at 304-918-1001 to schedule a free initial consultation with a West Virginia medical malpractice attorney.

Frequently Asked Questions

1. How much can you sue for medical malpractice in West Virginia?

In West Virginia, the amount you can sue for in a medical malpractice case depends on the type of damages involved. The state places a cap on non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life. For most cases, the cap is $250,000, but if the malpractice results in death, permanent and substantial physical deformity, loss of use of a limb, loss of a bodily organ system, or permanent physical or mental functional injury that prevents a person from being able to independently care for himself, the cap increases to $500,000. However, economic damages like lost wages, future medical care, and other measurable financial losses are not capped. A knowledgeable attorney can help you calculate the full value of your case and pursue every avenue of compensation.

2. What must be proven to win a medical malpractice suit?

To win a medical malpractice lawsuit, four essential legal elements must be proven. First, the provider must have owed you a duty of care, typically established through a formal patient-provider relationship. Second, the provider must have breached the standard of care by acting negligently or failing to act as a reasonably competent professional would in the same situation. Third, you must show causation—that the provider’s breach directly caused your injury. Finally, you must have suffered damages, whether physical, emotional, or financial. All four elements must be supported by credible evidence and often by expert medical testimony.

3. What is the hardest element to prove in a medical malpractice case?

While all four elements are necessary, causation is typically the most difficult to prove in a medical malpractice case. It’s not enough to show that a mistake occurred—you must also demonstrate that the provider’s actions were the direct cause of your injury. This can be challenging, especially when a patient already has a serious underlying condition. Defense attorneys often argue that the injury would have occurred regardless of the provider’s conduct. That’s why expert witnesses are so important, as they can explain how the malpractice clearly led to a worse outcome than what would have occurred with proper care.

4. Is it worth suing for malpractice?

Whether it’s worth pursuing a medical malpractice claim depends on the seriousness of the harm you suffered. If you’ve experienced significant, lasting injuries, ongoing medical costs, or lost income as a result of negligent care, a lawsuit may provide the financial relief and accountability you deserve. Malpractice cases are complex and can take time, but for many victims, the outcome justifies the effort. Compensation can cover future treatments, pain and suffering, and ensure financial stability. A qualified attorney can evaluate your case during a free consultation and help you understand whether moving forward is in your best interest.

5. How long do you have to sue for medical malpractice in WV?

In West Virginia, the statute of limitations for medical malpractice claims is generally two years from the date the injury occurred or from the date it was discovered, or reasonably should have been discovered. However, there are exceptions. For instance, minors under the age of 10 at the time of the injury must file a lawsuit within two years of the date of the injury, or prior to the minor’s 12th birthday, whichever provides the longer period of time Cases involving fraud or concealment may extend the deadline. Failing to file within the appropriate time frame can result in your claim being permanently barred. That’s why it’s important to speak with an experienced West Virginia medical malpractice lawyer as soon as possible.

6. Can I sue a hospital even if the doctor was an independent contractor?

Yes, in some situations, you may be able to sue the hospital even if the negligent doctor was classified as an independent contractor. This is especially true if the hospital presented the doctor as its employee, failed to vet the doctor’s qualifications properly, or contributed to the error through administrative negligence. For example, if a hospital failed to enforce patient safety protocols or allowed the doctor to perform procedures without proper oversight, it could be held vicariously or directly liable. A skilled attorney can examine the details of your case and determine all potentially responsible parties.

7. How much does it cost to hire a medical malpractice lawyer?

Most medical malpractice lawyers, including those at Crim Law, work on a contingency fee basis, meaning you pay nothing upfront and owe no legal fees unless your case results in a settlement or favorable verdict. This arrangement allows injured patients to pursue justice without worrying about the financial burden of hourly legal fees. If your case is successful, the attorney typically receives a percentage of the total recovery, which will be clearly outlined in your agreement. Additionally, the firm may cover the costs of hiring expert witnesses, obtaining medical records, and other expenses needed to support your case.