First, seek independent medical care from an unrelated physician to protect your health. Request full, certified copies of all relevant medical records and diagnostic imaging from the facility where the injury occurred. Avoid giving recorded statements to hospital risk management or malpractice insurance adjusters until you consult with an experienced West Virginia medical malpractice attorney.

Due to statutory pre-suit requirements, mandatory expert reviews, exhaustive discovery, and medical depositions, medical malpractice cases generally take between 12 to 24 months to resolve. Complex cases requiring trial in the Kanawha County Circuit Court may take longer depending on court scheduling.

Yes, under specific legal doctrines such as apparent agency or vicarious liability, hospitals can often be held liable for the acts of independent physicians if the hospital held the doctor out as its agent and failed to provide clear notice to the patient. Additionally, hospitals can be sued directly for their own corporate negligence in staffing, credentialing, or policy enforcement.

Damages typically include:

Medical Expenses: All past and future hospital bills, surgeries, rehabilitation therapies, medications, and specialized home care.

Lost Income: Past lost wages and loss of future earning capacity.

Non-Economic Damages: Physical pain and suffering, emotional distress, physical impairment, and loss of consortium.

Wrongful Death Damages: Funeral expenses and loss of companionship for surviving family members under W. Va. Code § 55-7-6.