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Q: When can a medical malpractice claim be filed?

A: A medical malpractice claim can be filed any time someone suspects medical negligence provided that this negligence has caused injury or worsening of the medical condition. However, it is necessary to realize that not every worsening of medical condition is a result of medical negligence. At times such mistakes can cost too much and that is why it is essential to understand the difference. Examples of obvious negligence would be leaving an instrument inside the body after surgery or failure to treat an infection. But sometimes there are situations where the procedural complications cannot be avoided in most patients. For example, a risk of infection after a properly performed surgery is not uncommon. In order to determine the validity of the claim an expert from similar area of medical field is called to testify in court. Then your doctor’s care will be compared to the set medical standard and the court will determine if a breach of your doctor’s duty has occurred. If you were hurt while in the hospital, you cannot afford the loss and deserve fair compensation. Call Harry Waddell Law Firm of West Virginia to determine if you have a case. Call us at (304)263-4988 as soon as you discover an injury.

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