Medical Malpractice Lawyers Serving Moundsville

Helping Moundsville and Marshall County Families After Serious Medical Errors

When medical treatment goes wrong, patients and families are often left with an important question: Was the outcome an unavoidable complication, or did a healthcare provider make a preventable error?

Not every unsuccessful treatment or unexpected complication is medical malpractice. But when a doctor, hospital, or other healthcare provider fails to meet the applicable standard of care and causes a patient additional harm, the patient may have grounds to seek compensation.

The Moundsville medical malpractice lawyers at Bordas & Bordas represent individuals and families throughout Marshall County who have suffered serious injuries because of medical negligence. Our attorneys can investigate what happened, review medical records, consult qualified experts, and help determine whether the care provided may have fallen below the appropriate standard.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider fails to meet the applicable standard of care and that failure causes injury or death to a patient.

A poor outcome alone does not establish malpractice. Medicine involves risks and complications even when appropriate care is provided. A medical malpractice claim generally requires evidence that a provider’s actions or failure to act departed from the appropriate standard of care and caused harm.

That determination often requires a detailed review of the patient’s medical history, treatment, test results, and other records by attorneys and qualified medical professionals.

What Are Common Types of Medical Malpractice?

Medical negligence can occur in hospitals, doctors’ offices, clinics, emergency departments, and other healthcare settings.

Potential medical malpractice cases may involve:

Failure to diagnose or delayed diagnosis
Misdiagnosis
Surgical errors
Anesthesia errors
Medication and prescription errors
Birth injuries
Failure to monitor a patient’s condition
Failure to order appropriate tests
Failure to properly interpret test results
Emergency room errors
Hospital negligence
Failure to obtain informed consent

The type of error is only one part of determining whether malpractice occurred. It is also necessary to determine whether the error caused an injury or made an existing medical condition worse.

How Do I Know if I Have a Medical Malpractice Case?

It can be difficult for a patient or family member to know whether a medical injury was caused by negligence.

You may have questions about the care you received if a diagnosis was significantly delayed, important test results were overlooked, you suffered an unexpected injury during surgery, you were treated for the wrong condition, or your health worsened after a potentially preventable medical error.

None of those circumstances automatically proves malpractice. Medical records often need to be reviewed by someone who understands both the medicine involved and the legal standard that applies.

A Moundsville medical malpractice lawyer can investigate the circumstances and consult appropriate medical experts to help determine whether the care you received met the applicable standard.

What Compensation May Be Available in a West Virginia Medical Malpractice Case?

A serious medical error can create additional medical expenses, prevent someone from working, cause permanent impairment, or create the need for ongoing care.

Depending on the circumstances, compensation may be available for:

Medical expenses
Future medical treatment and rehabilitation
Lost wages
Loss of future earning capacity
Long-term care expenses
Pain and suffering
Disability
Disfigurement
Loss of enjoyment of life
Other losses caused by the medical injury


When medical negligence causes a permanent or catastrophic injury, the claim may need to account for losses that continue for many years. Qualified experts can help evaluate future treatment, rehabilitation, care, and the effect the injury may have on a person’s ability to work and live independently.

If medical negligence results in death, the patient’s family may also have the right to pursue a wrongful death claim.

How Long Do I Have to File a Medical Malpractice Claim in West Virginia?

In many West Virginia medical malpractice cases, a claim must be filed within two years of the medical injury or within two years of when the injury was discovered, or reasonably should have been discovered, whichever occurs later. West Virginia law also generally imposes a 10-year outside limit from the date of the medical injury, subject to exceptions.

Different deadlines apply to certain types of medical professional liability claims. West Virginia law, for example, provides a shorter limitations period for certain claims against nursing homes and assisted living facilities. Special rules can also apply to injured children.

There are also steps that may need to be completed before a medical malpractice lawsuit can be filed. West Virginia generally requires advance notice to the healthcare provider and, in many cases, a screening certificate of merit from a qualified healthcare provider.

Because waiting can affect both the filing deadline and your ability to investigate what happened, it is important to have a potential medical malpractice case reviewed as soon as possible.

West Virginia Requires a Medical Malpractice Certificate of Merit

State statute requires the plaintiff in medical malpractice cases to have a certified healthcare professional practicing in the same or similar field to review the case before petitioning the court. West Virginia Code § 55-7B-6 states that the individual reviewing your case must determine if there is cause for action against the physician and must provide a statement relaying their findings to the court.

The affidavit must show evidence supporting the claim that the defendant failed to meet a professional standard of treatment and care and that you, the patient, sustained damages. A qualified medical malpractice lawyer in Moundsville could handle all the necessary legal work for you, including locating a provider that meets the guidelines to obtain the affidavit.

Talk With a Moundsville Medical Malpractice Lawyer

If you or someone in your family suffered serious harm and you believe a medical error may be responsible, Bordas & Bordas can help you determine what happened and whether you may have a claim.

Our Moundsville legal team represents patients and families throughout Marshall County in complex medical malpractice cases. We can obtain and review medical records, consult qualified medical experts, identify potentially responsible providers, and explain your rights under West Virginia law.

Contact Bordas & Bordas to speak with a Moundsville medical malpractice lawyer and schedule an initial consultation.