Every year, thousands of medical malpractice claims are filed across the United States, many of which are in West Virginia. Unfortunately, medical malpractice continues to be a common issue. Recent reports indicate that diagnostic errors alone affect nearly 12 million Americans annually. Such errors often involve life-changing consequences. If you or a loved one has suffered due to a medical professional’s mistake, knowing who to turn to is critical.
Manchin Ferretti Injury Law is a West Virginia-based firm known for standing up for victims of negligence. If you’re wondering whether to pursue a medical malpractice case—and, more importantly, who to trust—this guide will help you understand why this firm may be the right choice for you.
What Is Medical Malpractice in West Virginia?
Medical malpractice occurs when a doctor, nurse, or other healthcare provider fails to meet accepted standards of care, harming a patient (or allowing them to be harmed) as a result. These standards are not arbitrary.
They’re based on what a reasonably skilled medical professional would do in a similar situation. Mistakes can happen in any healthcare setting. Patients and families may deserve accountability when those mistakes result in unnecessary pain, long-term disability, or even death.
Examples of Medical Malpractice
Patients often pursue claims after incidents such as:
- A serious condition is missed or misdiagnosed.
- Surgery is performed on the wrong body part.
- The wrong medication or dosage is given.
- A newborn is injured during delivery due to negligence.
- Anesthesia is improperly administered, causing complications.
Each of these cases involves not just medical errors but also violations of trust.
Medical Malpractice Laws in West Virginia
Understanding the legal process in West Virginia is essential before moving forward with a claim. The state has unique rules that define who can file a claim, when they can file, and what they might recover.
Statute of Limitations
In West Virginia, the statute of limitations for medical malpractice claims is generally two years from the date of the injury or discovery of the injury.
You have two years to file a lawsuit once you realize harm has occurred. If the injured person is a minor or mentally incapacitated, the rules may differ, so speaking with a lawyer early is always a smart move.
Certificate of Merit Requirement
A certificate of merit, signed by a qualified medical expert, is required to file a medical malpractice lawsuit in West Virginia. This certificate confirms that a medical professional has reviewed the facts and believes the care provided did not meet the expected standards.
To learn more about the legal process behind malpractice lawsuits in the state, visit the West Virginia Medical Professional Liability Statute – Article 7B.
Damages Cap
Non-economic damages include pain and suffering, emotional distress, and loss of enjoyment of life. The amount of non-economic damages someone may receive in a West Virginia medical malpractice case is capped. Economic damages—like lost wages or ongoing medical bills—are not capped.
Non-economic damages in medical malpractice cases are capped at $250,000, or $500,000 in cases involving death or permanent injury, as per West Virginia Code § 55-7B-8.
Why Manchin Ferretti Injury Law Stands Out
Manchin Ferretti Injury Law has a strong record of guiding clients through complex legal battles, especially regarding medical malpractice claims in West Virginia. What sets the firm apart is its ability to approach each case with the care and attention it deserves.
A Deep Understanding of WV Laws
The legal team at Manchin Ferretti Injury Law understands the unique requirements of West Virginia’s medical malpractice system. From meeting strict filing deadlines to securing expert testimony, the firm handles every step of the process.
Experience With Complex Medical Cases
Medical malpractice cases are rarely simple. They often involve complicated timelines, expert medical reviews, and aggressive defense teams. Manchin Ferretti Injury Law works with qualified medical professionals to analyze records, identify failures in care, and build a strong case for their clients.
Personalized Legal Guidance
Unlike large firms that treat clients like case numbers, this firm works closely with each individual. Clients are kept informed, receive clear answers to their questions, and are supported every step of the way.
What to Do If You Think You’re a Victim of Malpractice
It’s always worth investigating your rights if you suspect you may have been the victim of medical malpractice or negligence. Steps to take include:
Step 1: Keep Records of Everything
Start by collecting all documents related to your medical treatment. This includes:
- Hospital discharge papers
- Prescription details
- Test results
- Written instructions or communications from doctors
Also, make a timeline of what happened, including dates and symptoms. These notes can be invaluable later.
Step 2: Get a Second Medical Opinion
A second opinion from another healthcare provider can help clarify the matter if you’re unsure whether what happened was truly malpractice. They may confirm that an error occurred or offer insight into how your care should have been handled differently.
Step 3: Contact a Medical Malpractice Attorney
This is where Manchin Ferretti’s Injury Law can make a difference. Speaking with a knowledgeable attorney early on can help preserve your rights and begin the process of gathering evidence. They can also advise you on whether your situation meets the legal definition of malpractice and what steps come next.
Types of Medical Malpractice Cases Often Seen in WV
Some patterns come up again and again in malpractice claims. These are the most common:
| Type of Malpractice | Description |
| Misdiagnosis | The wrong condition is diagnosed, or a diagnosis is delayed. |
| Surgical Errors | Errors during surgery, such as operating on the wrong site. |
| Medication Errors | The wrong medication or wrong dose is prescribed. |
| Birth Injuries | Injuries to a baby or mother during labor and delivery. |
| Anesthesia Errors | Mistakes with anesthesia that lead to injury or complications. |
Each case requires careful legal analysis and expert input to determine whether negligence occurred.
Frequently Asked Questions
What qualifies as medical malpractice in West Virginia?
Medical malpractice occurs when a doctor, nurse, or other provider fails to meet the accepted standard of care and harms the patient as a result. Not all poor outcomes are malpractice—there must be negligence involved. Patients can also check the credentials or disciplinary history of licensed doctors through the West Virginia Board of Medicine.
How long do I have to file a medical malpractice lawsuit in WV?
West Virginia law generally gives you two years from the date of injury or the date you discovered the injury. Waiting too long may mean losing your right to file a lawsuit.
What is a certificate of merit?
A certificate of merit is a document signed by a medical expert. It confirms a relevant medical expert or professional has reviewed your case and concluded another provider may have acted negligently.
Are there caps on damages in medical malpractice cases in WV?
Yes. Non-economic damages, like pain and suffering, are capped at $250,000, or $500,000 for severe cases involving death or permanent disability. Economic damages, such as lost wages and medical bills, are not capped.
Why should I choose Manchin Ferretti Injury Law for my case?
This firm combines legal experience with a deep understanding of West Virginia malpractice laws. It works closely with clients and medical experts to build strong cases. Clients receive personalized attention throughout the legal process.
What should I do if I suspect medical malpractice?
Start by collecting medical records and documenting everything. Then, consult with a qualified attorney to understand whether you have a case and what your legal options are moving forward. You can verify attorney licensure or find more legal resources at the West Virginia State Bar.
Get Help With Your WV Medical Malpractice Case
Medical malpractice can turn your life upside down. Whether it’s a delayed diagnosis, a mistake during surgery, or a medication error, the impact on you and your family can be lasting. But you’re not without options.
Manchin Ferretti Injury Law understands how devastating these situations can be—and they’re here to help you through them. With a straightforward process, legal insight, and a personal commitment to your case, they work to hold negligent parties accountable.
If you think you’ve been a victim of medical malpractice in West Virginia, take the first step. Learn your rights. Understand your legal options. And consider working with a firm that puts your needs first.