If a surgical error caused you to suffer preventable injuries and complications, it could be medical malpractice. You may have a case against the doctor, hospital, or another liable party. A Huntington surgical error lawyer from Underwood Law Office can help. We assess these cases for free. We may seek and recover compensation and get justice on your behalf. Our team can go to work for you today.
Learn how a Huntington personal injury attorney from our team can build a case for you. A knowledgeable team member will evaluate your case, answer your questions, and explain our approach to cases like yours. Our initial consultations are always free, and we do not charge our clients anything up front.
Underwood Law Office: Your Huntington Surgical Error Attorneys
Our attorneys from Underwood Law Office understand West Virginia medical malpractice law. We navigate this process regularly for clients hurt by medical negligence, including in surgical error cases. We understand the burden of proof and the necessary evidence. We aggressively pursue justice and fight for our client’s best interests.
We will investigate a case in any facility in or around Huntington, regardless of its size or reputation. We know that malpractice occurs even in unexpected places. Some surgical facilities near Huntington include:
- Cabell Huntington Hospital
- St Mary’s Medical Center
- Cornerstone Specialty Hospitals Huntington
- Cabell Huntington Surgery Center
Our attorneys represent our clients based on contingent fees. We charge nothing up front. There are no retainers to pay before we begin our work. Instead, we receive a portion of the total payout in the case, whether through an insurance settlement or court award. We do not charge any attorney’s fees unless we win the case.
For a free legal consultation with a surgical error lawyer serving Huntington, call (972) 535-6377
Building a Huntington Surgical Error Case
To recover compensation and get justice for our client in a Huntington medical malpractice case, we need to show:
- There was a doctor-patient relationship, creating a duty of care
- The doctor breached their duty to the patient
- Their action or inaction caused injuries
- The patient suffered physical, psychological, and/or financial harm
In other words, we need evidence to show that the doctor or another medical professional deviated from the mandatory protocols and acceptable standard of care, and the patient suffered as a result. We do this by partnering with a network of medical experts who will assess these cases and provide an affidavit, deposition, or in-court testimony on our client’s behalf. This could explain:
- The standard of care expected
- The care provided
- Whether this deviated from the acceptable standard of care
- How this caused the injuries
- Whether they believe medical malpractice occurred
Medical malpractice can occur in many ways when it comes to surgical errors. There are strict protocols to protect patients, but doctors in a hurry or hospitals with a culture that allows for sloppy work often ignore them. Some surgical errors include:
- Performing unnecessary surgery or failing to perform a necessary surgery
- Performing surgery on the wrong body part
- Performing the wrong surgery
- Harming another body part during surgery
- Anesthesia errors
- Failing to check for or ignoring drug allergies, interactions, or contraindications
- Foreign objects left inside the patient, often instruments or sponges
- Other pre- or postoperative complications caused by negligence
- Preventable infections
Huntington Surgical Error Lawyer Near Me (972) 535-6377
Our Lawyers Take Action Against Liable Parties After Huntington Surgical Errors
At Underwood Law Office, our lawyers understand WV Code §55-7B-1. We know how to navigate the medical malpractice claims process, the necessary evidence, and other rules that apply in these cases. We know what it takes to develop the strongest case possible, assign liability, and hold the accused medical professional legally responsible.
When you work with our team, you can count on us to protect your right to fair compensation, value your claim, and demand a just payout. We can often negotiate an insurance settlement for our clients in these cases. Most cases do not go to trial. However, we will sue when necessary.
If a lawsuit is necessary in your case, there are deadlines. Under WV Code § 55-7B-4, we only have two years following the discovery of a surgical error to sue in most cases. There is a ten-year statute of repose that usually applies. This means you must discover the malpractice within ten years of when it occurred for us to hold the liable parties responsible. We can discuss this with you in detail during our initial case review.
Damages Recoverable in a Huntington Surgical Error Malpractice Case
When we demand that liable parties or their insurance representatives pay our clients a fair settlement, we have a good idea of how much that should be. We use documentation of their recoverable damages to estimate a fair settlement range. This informs our negotiations. Recoverable damages could include:
- Medical bills caused by the surgical error
- Future and ongoing expenses related to treatment and care
- Income losses for time missed at work
- Diminished earning capacity if they cannot return to their previous job
- Related expenses
- Noneconomic damages, sometimes called “pain and suffering”
Like many other states, West Virginia has a noneconomic damages cap for medical malpractice cases. Under WV Code § 55-7B-8, limits on intangible losses include $250,000 in most cases or $500,000 for wrongful death or permanent injuries. There is no cap on economic damages.
Wrongful Death Caused by Huntington Surgical Errors
Sometimes, surgical errors are serious enough to cause the patient’s death. When this occurs, the decedent’s estate can demand justice through a wrongful death action. The representative of the estate—as assigned by the probate court or the decedent in their will—can file a claim or sue to recover damages.
We handle these cases. Let our team review your case with you today for free.
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Discuss Your Options With Our Team After a Huntington Surgical Error Injury
Underwood Law Office’s medical malpractice team provides free case consultations for victims and their families. If you believe a doctor or hospital made surgical errors and caused you harm, we want to speak to you about your rights, options, and next steps. We can provide advice and guidance with no upfront fees.
Contact us today for your free case evaluation.