Medical Malpractice Lawyer West Virginia

You trusted a doctor, nurse, or hospital with your health — and something went terribly wrong. Maybe you received the wrong diagnosis, were given the wrong medication, or suffered a serious complication that should never have happened. Now you are dealing with new injuries, additional medical bills, and unanswered questions about what went wrong and who is responsible. You deserve honest answers and someone in your corner. At Stroebel & Stroebel, PLLC, we represent West Virginia patients and families who have been harmed by medical negligence, and we fight to hold healthcare providers accountable for the harm they cause.

Call us at 304-346-0197 or send us a message anytime. We respond promptly.

What Is Medical Malpractice in West Virginia?

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care and that failure causes injury or death to a patient. The standard of care is defined as what a reasonably competent healthcare provider in the same field would have done under the same or similar circumstances.

West Virginia medical malpractice claims are governed by the West Virginia Medical Professional Liability Act, found at West Virginia Code § 55-7B. This law sets out specific procedures and requirements that must be followed before and during a malpractice lawsuit.

Common types of medical malpractice we handle include:

• Misdiagnosis or delayed diagnosis of cancer, heart attack, stroke, or other serious conditions
• Surgical errors, including wrong-site surgery, accidental organ damage, or leaving instruments inside a patient
• Medication errors, including prescribing the wrong drug, the wrong dose, or failing to check for dangerous interactions
• Birth injuries caused by negligent care during labor and delivery
• Anesthesia errors that result in permanent injury or death
• Failure to treat a known condition or to refer a patient to a specialist
• Hospital negligence, including understaffing, inadequate supervision, or failure to follow infection control protocols

West Virginia Law and Your Rights as a Patient

Under the West Virginia Medical Professional Liability Act, patients who are harmed by negligent medical care have the right to seek compensation. However, medical malpractice cases involve specific legal requirements that make them more complex than other personal injury claims.

Before filing a lawsuit, West Virginia law requires that you provide written notice of your intent to file a claim to each defendant at least 30 days before the suit is filed. Your claim must also be supported by a qualified medical expert who can testify that the provider’s conduct fell below the accepted standard of care.

The statute of limitations for most medical malpractice claims in West Virginia is two years from the date of the injury or from the date you discovered — or reasonably should have discovered — that you were harmed by medical negligence. There are limited exceptions for minors and for cases involving fraud or concealment. Because these deadlines are strict and the pre-suit requirements are technical, it is important to consult with an attorney as soon as you suspect malpractice.

What Stroebel & Stroebel Does in Medical Malpractice Cases

Medical malpractice cases require a thorough understanding of both the law and the medicine involved. Paul E. Stroebel and Paul M. Stroebel work closely with qualified medical experts to build strong, evidence-based cases on behalf of injured patients and their families.

When you hire us, we:

• Obtain and review all medical records to identify where the standard of care was breached and how that breach caused your injury
• Work with independent medical experts in the relevant specialty to evaluate your case and provide credible testimony
• Satisfy all pre-suit notice requirements so your case is not dismissed on procedural grounds
• Investigate all responsible parties, which may include individual providers, hospitals, clinics, or medical groups
• Handle all negotiations with defense attorneys and insurance companies representing the healthcare provider
• Take your case to trial in West Virginia Circuit Court if a fair settlement is not offered

We handle medical malpractice cases on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for you.

Damages You May Be Able to Recover

Victims of medical malpractice in West Virginia may be entitled to recover:

• Past and future medical expenses caused by the malpractice, including corrective surgeries, rehabilitation, and ongoing care
• Lost wages and diminished earning capacity if your injuries have affected your ability to work
• Physical pain and suffering resulting from the injury
• Emotional distress and mental anguish
• Loss of enjoyment of life
• Wrongful death damages if medical negligence resulted in the death of a family member

West Virginia law imposes certain limits on non-economic damages in medical malpractice cases. We will explain how these limits may apply to your situation and give you a realistic picture of what your case may be worth.

Frequently Asked Questions

How do I know if I have a medical malpractice case?

Not every bad medical outcome is malpractice. To have a valid claim, you must be able to show that a healthcare provider deviated from the accepted standard of care and that deviation caused you harm. The best way to find out is to speak with an attorney and have your medical records reviewed by a qualified expert. We offer free consultations so you can get an honest assessment without any obligation.

How long do I have to file a medical malpractice claim in West Virginia?

In most cases, you have two years from the date of injury or discovery of the injury to file suit. However, pre-suit notice must be given at least 30 days before filing, so you should not wait until the last minute. Contact an attorney as soon as possible to protect your rights.

Can I sue a hospital as well as an individual doctor?

Yes. Hospitals and medical facilities can be held liable for the negligence of their employees, for inadequate staffing, or for failing to maintain safe policies and procedures. We investigate all potentially responsible parties when evaluating a malpractice claim.

What if I signed a consent form before the procedure?

Signing a consent form does not waive your right to file a malpractice claim. Consent forms acknowledge the known risks of a procedure — they do not give a provider permission to be negligent. If your injury resulted from a failure to meet the standard of care, you may still have a valid claim.

How much does it cost to hire a medical malpractice attorney?

We handle medical malpractice cases on a contingency fee basis. You pay no attorney fees unless we recover compensation for you. There is no cost to speak with us about your case.

Contact Stroebel & Stroebel, PLLC

If you or a family member was harmed by negligent medical care, you should not have to face the fight alone. The healthcare provider’s insurance company has experienced defense attorneys working to minimize your claim from the moment the incident is reported. You deserve an advocate who is equally prepared and equally committed.

Call us at 304-346-0197 or send us a message anytime — we respond promptly.

Stroebel & Stroebel, PLLC
405 Capitol Street, Suite 102
Charleston, WV 25301

The information on this page is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship.