Medical Malpractice FAQS

The personal injury attorneys of the Prim Law Office, PLLC, assist clients who have sustained injuries and families who have lost their loved ones because of medical malpractice. With over 30 years of combined personal injury experience, our attorneys understand the complex issues that may arise in a medical malpractice case. We know the medical experts who can best assist you in investigating possible medical negligence and presenting evidence of malpractice to a jury or other fact finders. To discuss your case with one of our highly-skilled medical malpractice attorneys, contact the Prim Law Office, PLLC for a complimentary initial consultation.

To learn more about medical malpractice claims, please click on the following links:

• How much is my medical malpractice claim worth?
• A doctor misdiagnosed my illness, is that medical malpractice?
• Is there a time limit on when I can sue for medical malpractice?

Q. How much is my medical malpractice claim worth?

A. Each case is different, and the amount your case may be worth will depend on the extent, duration and severity of your injuries. For example, if you are permanently disabled or disfigured by a doctor or other medical professional's negligence, then your settlement or verdict award is likely to be higher than if your injury is temporary or more minor. In West Virginia, you may be entitled to compensation for the costs of medical care, rehabilitation services, lost wages and future earning capacity and other economic losses, but the amount you may receive for non-economic losses is limited. West Virginia law provides a cap of $250,000 for non-economic damages, which is adjusted annually for inflation but cannot exceed $375,000. In certain catastrophic cases, a non-economic damages award may be capped at $500,000, adjusted annually for inflation, but not exceeding $750,000.

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Q. A doctor misdiagnosed my illness, is that medical malpractice?

A. Whether misdiagnosis is considered medical malpractice depends on the circumstances of your particular case. Doctors and other medical professionals have a duty to provide a level of care that meets the standards set by the medical community. If their care meets this standard, but they still diagnose you incorrectly, they may not be guilty of negligence. However, if their misdiagnosis was due to their failure to provide a reasonably acceptable level of care, then you may have a claim for medical negligence. By contacting our office and explaining your situation, our attorneys and medical experts can help you determine whether your doctor's misdiagnosis was reasonable or negligent.

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Q. Is there a time limit on when I can sue for medical malpractice?

A. In general, if you have been injured because of the negligence of a medical practitioner, under West Virginia law you may have up to two years from the date of your injury to sue. If you did not discover your injury immediately, you may have up to two years from the date of discovery of the injury, but no more than ten years from the date of the actual injury, to bring a medical malpractice claim. For instance, if a doctor negligently fails to diagnose you with cancer, your medical malpractice claim must be brought within two years from the date you were correctly diagnosed. If you have lost a loved one because of medical negligence, you have two years from the date your loved one passed away to sue for medical malpractice resulting in death.

However, it is important to understand that each case is different, and that you may have more or less time to sue depending on the particular facts of your case. To ensure that you do not lose your chance to recover compensation for your injuries, contact an experienced medical malpractice attorney as soon as possible.

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Experienced Trial Lawyers Holding Negligent Doctors Responsible

If you suspect that a doctor, nurse, hospital, or other medical professional made your condition worse or caused the death of your loved one, our experienced personal injury attorneys can help. Contact the Prim Law Firm, PLLC for assistance with your medical malpractice claim.