Contact Us Today 304-757-3330


Six Things to Know About Medical Malpractice Cases

Posted by G. Wayne Van Bibber | Nov 01, 2018 | 0 Comments


Medical Malpractice occurs when doctors, nurses, or other healthcare providers give, or fail to give, care that falls below that which a reasonably prudent and safe healthcare provider would under the same or similar circumstances, resulting in unnecessarily harm to their patient.

Examples of medical negligence include performing surgery on the wrong limb, incorrectly interpreting a radiology study (x-ray, CT scan, or MRI) which results in a delayed cancer diagnosis, and failing to timely act upon potentially dangerous laboratory results.

In some cases, human error and poor patient outcomes are considered to be known and accepted risks and complications. Mistakes can and do happen. However, many medical mistakes are preventable and those mistakes' consequences can be dire, if not fatal.

If a healthcare provider has been negligent, he or she must be held accountable.

Here are six things you should know about medical malpractice cases.

  1. You have a limited time to file medical malpractice cases. The statute of limitations is different in every state, but in West Virginia, you have two years. Such cases “must be commenced within two years of the date of such injury, or within two year of the date when such person discovers, or with the exercise of reasonable diligence, should have discovered such injury, whichever last occurs.” Therefore it is important to contact experienced medical malpractice attorney Wayne Van Bibber as soon as possible after the injury occurs to ensure that you have adequate time to file your case.
  2. The need to file a medical malpractice case isn't always immediately obvious. It may take time for adverse symptoms to appear. And in case of a misdiagnosis, you may not know the true cause of your symptoms. Therefore they were misdiagnosed until the correct diagnosis may be found. As soon as you know that a medical professional has caused you harm, you should contact an attorney.
  3. Being unsatisfied with your medical procedure or treatment does not necessarily give rise to a medical malpractice legal action. In order to have a legal case for medical malpractice, you must have suffered harm due to a medical professional's actions or inactions that fall below the accepted standard of care in that medical community.
  4. Don't expect a quick settlement. Medical malpractice cases can be lengthy and complex. They involve researching expert testimony regarding how the medical professionals should have acted and why their failures fall below accepted standards. They also involved expert witnesses to testify to the cause and extent of the injuries you suffered in order to establish the damages you are owed. This is where the Law Offices of G. Wayne Van Bibber & Associates excels. We are experienced with medical malpractice cases and have medical experts available for consultation.
  5. Medical malpractice cases are wide-ranging and include everything from being administered the wrong medication to birth injuries to errors made during surgical procedures. If the cause of your injuries is a mistake by a medical professional, you may have a malpractice case. The best way to determine your next course of action is to call the Law Offices of G. Wayne Van Bibber & Associates and schedule a consultation in either our Charleston (681) 265-9257 or Teays Valley offices (304) 757-3330.
  6. Our firm accepts cases throughout the State of West Virginia and free consultations are available on contingency fee cases.

G. Wayne VanBibber has 24 years of experience
in pursuing and winning fair judgments
in Medical Malpractice related cases.

The Law Offices of G. Wayne Van Bibber & Associates are located at
205 Capitol Street, Suite #300 in Charleston, WV for your convenience.

Please call our Charleston office at (681) 265.9257 or our Teays Valley office at (304) 757-3330 to schedule an appointment with Mr. Van Bibber.

If you needed legal representation have our number handy and give us a call.

(304) 757-3330

Breath. Reorganize. Hope. Live. Today's legal challenge is not the end. It is simply the next chapter of your life and we are here to help.

Call today or visit our website for more information


G. Wayne Van Bibber
The Law Offices of G. Wayne Van Bibber and Associates

We Appreciate Your Referrals

Do you know anyone dealing with a situation where a doctor has caused harm through negligence? We can help and we appreciate any and all referrals to our office. We handle personal injury cases such as car accidents and medical malpractice. If you know someone who has been injured through no fault of their own please send them our way.

About the Author

G. Wayne Van Bibber

Former Prosecutor, G. Wayne Van Bibber, has successfully served clients in Hurricane, Charleston, Huntington throughout the state of West Virginia for 25+ years. Aggressive Divorce and Personal Injury Attorney If you are going through a simple or complex DIVORCE, Wayne Van Bibber knows what's a...


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Serving West Virginia

The Law Offices of G. Wayne Van Bibber & Associates, PLLC serves clients in West Virginia including in Charleston, Huntington, South Charleston, Parkersburg, Beckley, Nitro, Dunbar, Barboursville, Scott Depot, Winfield, Buffalo, Ceredo, Kenova, Milton, Ona, Poca, Red House, Kanawha County, Cabell County, Putnam County, Lincoln County, Wayne County, Mason County and other communities throughout West Virginia.

3950 Teays Valley Road
Mon: 09:00am - 05:00pm
Tue: 09:00am - 05:00pm
Wed: 09:00am - 05:00pm
Thu: 09:00am - 05:00pm
Fri: 09:00am - 05:00pm