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Hospital Malpractice and Negligence

No one wants to be a patient in a hospital, but we do depend on hospitals for the long-term, short-term, and emergency care that other medical facilities cannot provide. While we expect hospitals to provide the care that will help our physical conditions, unfortunately in many instances patients are injured by the medical treatment, lack of treatment, or other care they receive while under a hospital’s care. In such cases, hospitals can and should be held liable for their errors and omissions. West Virginia injury attorney Kay Bayless of the Bayless Law Firm in Princeton has the knowledge, skills, experience, and dedication necessary to hold hospitals accountable for their medical and organizational errors.

Hospital Malpractice Causes Serious Personal Injury and Death

A 2013 study published in the Journal of Patient Safety found that between 210,000 and 440,000 hospital patients die each year from preventable harm suffered while in the hospital. This figure is alarming, and much higher than previously thought, placing faulty hospital care as one of the leading causes of death in the US. Many more suffer preventable injuries as a result of improper hospital care. Given the high cost of medical care and the preventability of these injuries and death, it is only fair that hospitals should be required to compensate victims and their families for the injuries and death caused by negligent care and malpractice. The Bayless law firm represents patients who have been seriously injured by all types of hospital medical errors and negligence, including:

  • Surgical errors
  • Anesthesia errors
  • Medication errors, including giving the wrong medications or dosages
  • Avoidable infections through failure to sterilize
  • Testing errors
  • Misdiagnoses and failure to diagnose
  • Failure to sterilize tools or utilize proper tools
  • Insufficient nursing care

West Virginia Hospital Malpractice Law

In West Virginia, health provider defendants have been successful in lobbying the legislature to limit the amount of damages that an injured plaintiff can recover for his or her injuries due to professional malpractice, despite the total amount of injuries that that plaintiff might have suffered. Despite these caps, an injured plaintiff may still be able to recover up to $300,000 for non-economic damages, which include emotional damages such as pain and suffering, and up to $600,000 where the health care provider’s negligence resulted in the plaintiff suffering wrongful death, certain types of deformities, loss of use of a limb, loss of a bodily organ system, and certain life-altering physical and mental injuries which require the plaintiff to become dependent on another’s care. These caps may not apply to all claims a patient has against a hospital for injuries suffered as a result of care provided by the hospital, and so it is important to discuss your injuries with an experienced attorney. Furthermore, most claims are subject to a statute of limitations, meaning they must be brought within a certain time period or they can no longer be heard in court, and so for this reason it is also important to discuss your legal strategies with an attorney as soon as possible.

Get Help from an Experienced West Virginia Hospital Malpractice Lawyer

A person is never more vulnerable than when he or she needs the services of a hospital. Going to the hospital for medical attention can be deeply stressful on a multitude of physical, emotional, and financial levels. You should not have to be worried that the care you are receiving may be injuring you further. When hospital malpractice does occur, however, the Bayless Law Firm is here to make sure injured victims are compensated and that hospitals are held accountable for their negligence in order to prevent future injuries to other patients. If you or a loved one has been harmed by hospital malpractice in Princeton, Charleston or other communities throughout southern West Virginia, contact the Bayless Law Firm for a free consultation with an experienced and successful hospital malpractice attorney.

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