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Kingwood Surgical Errors Lawyer

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Malpractice Claims Against Negligent Surgeons in West Virginia

If you or a member of your family has suffered a serious injury due to the negligence of a surgeon or a member of your surgery team, contact Estep & Shaffer for a free consultation. Our Kingwood surgical errors attorneys work with clients throughout northern West Virginia, including such communities as Fairmont, Elkins, Grafton, Parsons and Morgantown. As experienced trial lawyers, we know how to meet and overcome the challenges and complexities of medical malpractice litigation under West Virginia law.

West Virginia Trial Lawyers for Surgery Mistakes Cases

Surgery mistakes can result in such severe consequences as organ damage, amputation, paralysis, impairment of brain function, blindness or death. In any lawsuit for negligence damages, your lawyers will need to prove several points, usually with the support of medical experts who can identify mistakes of professional judgment or techniques.

Estep & Shaffer represents people with personal injury or wrongful death claims related to surgical negligence of many kinds: accidental damage to adjacent organs or tissues, sepsis or infection, operating on the wrong body part, failure to warn of known risks through the informed consent process, or negligent failure to protect against disclosed risks.

No matter what particular error took place in your case, here are some of the main points that our attorneys will need to prove, usually over vigorous opposition from the defense:

  • The surgeon or a member of the surgery team made a mistake of a kind that the average professional would have known not to make in your situation.
  • There's a direct causal relationship between the mistake that was committed and the resulting injuries or death.
  • State law recognizes your right to damages for such losses as lost income, past and future treatment needs, life care assistance, vocational rehabilitation, adaptive technology, or the losses that apply to a wrongful death through negligence.

On the liability side of the case, our main job is to show that a reasonably careful surgeon would not have made the mistake that injured you or killed a family member. Our experts will not only need to show how a particular procedure was mishandled — they will also need to review the opinions of opposing experts, and identify the errors or oversights in the defense view of the case.

We Know How to Handle the Defendant's Arguments on Malpractice Issues

In many surgical negligence cases, the main issue will concern causation. That's the legal term for the relationship between the negligent error and the injury to the patient. Defendants and insurance companies might be forced to acknowledge a mistake during the operation, but then argue that the injury or death might have occurred anyway because of the patient's other medical problems, risks that were properly disclosed to the patient, or unforeseeable complications.

Estep & Shaffer's experience with the proof of medical malpractice claims can protect your interests while maximizing the value of your claim. For more information about our approach to client service in surgical errors cases, contact us in Kingwood for a free consultation.