Nursing Home Abuse

Since 1986, the West Virginia Legislature has “capped” the amount of damages a person may receive for pain and suffering in medical negligence cases. Initially, the cap was $1 million. In 2003, the Legislature reduced the non-economic caps to $500,000 for those victims who suffer wrongful death, permanent and substantial physical deformity as well...

Medical malpractice occurs when a healthcare provider (doctor, nurse, physician’s assistant, dentist, pharmacist, obstetrician, chiropractor, optometrist, hospital and/or clinic) deviated from the standard of care causing harm or injury to the patient.  To pursue a medical malpractice claim, the patient must prove that the healthcare provider owed the patient a legal duty, that duty...

Every medical procedure has risks.  In fact, a medical procedure can have a bad outcome even when it is performed correctly. When a medical procedure turns out poorly, the issue is whether it was a known and accepted risk of the procedure or were the doctor or nurse negligent. Medical malpractice is the third...

West Virginia is the second most elderly state in the country and the percentage of our population over 65 continues to increase. Unfortunately, nursing home and assisted living facility abuse and negligence reports are on the rise throughout the United States, including in West Virginia. There are certain standards and regulations in West Virginia...