When medical professionals and entities provide negligent care and treatment that causes patient injuries, all responsible parties should be held accountable for their medical malpractice. We trust hospitals, clinics, doctors, medical professionals, and nurses to provide competent, safe, and effective medical care. We also expect to be fully informed of our medical rights and all risks and side effects associated with medical treatment, procedures, and pharmaceuticals. Unfortunately, when health care providers decide to put profits ahead of high-quality care and medical professionals provide substandard treatment, patients’ health and well-being are put at risk.
If you or a loved one has been injured as a result of medical malpractice, the Charleston medical malpractice attorneys at Tiano O’Dell, PLLC, can help. You may not know if your injuries are the result of negligent medical care, and that’s okay. Our Charleston medical malpractice lawyers are experienced, and they provide free consultations and case evaluations. We will meet with you, talk with you about your medical care experience, and go over your injuries and damages. Our Charleston medical malpractice attorneys will also answer any questions that you have and discuss your potential legal recovery options.
Why Choose Us?
- Our Charleston, West Virginia personal injury attorneys know that negligent medical care can cause severe health problems, require follow-up treatment and surgeries, and result in significant medical bills. We know that you and your family might be facing other challenges as well, and we want to help. We will manage all of the legal aspects of your medical malpractice claim so that you can focus on your family and your recovery.
- Our law firm is committed to giving back to our community and helping injured clients in Charleston and across West Virginia get the legal results and remedies they deserve. We provide personalized legal services to every client, and our attorneys are available to communicate with and support our clients throughout the legal process.
- Between your medical expenses, missed work, injuries, and other complications, we do not want to add to the stress and challenges you and your family are facing. Medical malpractice claims are expensive to investigate and pursue, so our medical malpractice lawyers take all medical malpractice cases on a contingency fee basis. You will not be required to pay any attorneys’ fees until we have helped you secure compensation for your losses.
Meet Tiano O’Dell’s Partner Attorneys
William Tiano
William Tiano is an experienced West Virginia personal injury attorney. He has earned a reputation as a diligent, efficient lawyer that is willing to fight for the rights of those who were injured through no fault of their own. Mr. Tiano has represented thousands of individuals across the state of West Virginia. Clients trust him to meticulously research every aspect of their case, collect evidence, bring in skilled expert witnesses, and build the strongest case possible on their behalf.
Tony O’Dell
Tony O’Dell has over 25 years of experience helping his clients navigate through some of the toughest times in their lives, such as through medical malpractice, vehicle accidents, nursing home abuse, and insurance bad faith cases. Tony prides himself on providing diligent and aggressive representation to his clients, while ensuring that he is responsive to their needs and questions. Because of his reputation and experience, other attorneys routinely refer to Tony cases that are too complicated or expensive for them to handle on their own.
Proving Medical Malpractice in Charleston
Our Charleston medical malpractice attorneys know how to conduct thorough, efficient, and practical investigations to determine if medical negligence occurred and which parties were responsible. Medical malpractice injuries happen when patients receive care and treatment that falls below the accepted medical standard of care from their healthcare provider. In general, the medical standard of care is based on the care and services that other similarly situated medical professionals would have provided under the same circumstances. West Virginia’s statute of limitations say that the patient must file a claim within two years of their injury.
In addition to proving medical negligence, you must also demonstrate that the injuries and damages you sustained were caused by negligent care. In other words, you must show that, but for the negligent care you received, you would not have suffered the injuries and damages that you sustained. Proving a medical malpractice case can be difficult, but our Charleston medical malpractice attorneys can make the process easier because we have the experience, resources, knowledge, and medical expert contacts necessary to pursue your claim.
Common Types of Medical Malpractice Cases in Charleston
Medical negligence and medical malpractice can occur in any medical setting, including in the doctor’s office, laboratory, hospital, surgical center, emergency room, and rehabilitation facility. Common types of medical malpractice cases in health care that we handle include:
- Surgical errors
- Misdiagnosis
- Delayed diagnosis
- Failure to diagnose
- Lack of informed consent
- Birth injuries
- Anesthesia errors
- Negligent follow-up care
- Medication Errors
From cerebral palsy caused by negligence to Erb’s palsy lawsuits in Charleston, WV, our Charleston medical malpractice attorney is prepared to fight for justice for your family.
What Compensation is Available in a Medical Malpractice Lawsuit?
Compensation in medical malpractice cases generally depends on the extent of your physical injuries, emotional damages, and related out-of-pocket expenses. In terms of your physical injuries, the more severe your injuries are, the more your compensation will typically be due to higher medical expenses and emotional damages. For example, if you suffered significant injuries due to medical malpractice that require long-term medical care and future surgeries and treatment, your compensation will include your anticipated future medical costs. It will also include the pain and suffering you have experienced and the long-term pain and suffering you will continue to experience. If your injuries are permanent or they are expected to impact your life expectancy and quality of life, your compensation will include increased emotional damages, such as mental anguish and decreased quality of life.
Medical Malpractice Resulting in Wrongful Death
Unfortunately, sometimes medical negligence causes fatal injuries. Whether the medical malpractice resulted in a patient’s death right away or caused such significant health problems that the patient eventually succumbed to his or her injuries, surviving family members may have a claim for wrongful death compensation. If you lost a loved one to medical negligence, your wrongful death claim will involve compensation for the losses that you and other surviving family members have suffered.
Wrongful death recoveries include compensation for monetary damages, such as funeral expenses and medical bills. You can also recover compensation for the loss of your loved one’s financial support and benefits and the value of the decedent’s household services. Emotional damages are also recoverable in wrongful death claims, such as loss of companionship and society, mental anguish, and sorrow. A Charleston malpractice attorney will help you navigate this complex legal litigation terrain so that you receive the justice and compensation you are entitled to.
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Will I Have to Go To Trial For My Medical Malpractice Lawsuit?
Our Charleston medical malpractice attorneys negotiate with defendants and their insurance companies on behalf of our injured clients. We successfully resolve many of our injury claims before trial, but we never settle claims that we think are inadequate and unfair to our clients. Our personal injury lawyers are trial attorneys who will ensure that your case is trial-ready in case settlement negotiations are unsuccessful. When our attorneys represent you, your compensation and financial well-being are our priority, and we will not hesitate to go to trial if we think that it is in your best financial interests to do so.
Major Hospitals in the Charleston Area
- Charleston Area Medical Center (CAMC)
- Charleston Surgical Hospital
- Highland Hospital
- Marmet Hospital for Crippled Children
- Montgomery General Hospital
- St. Frances Hospital
- Select Specialty Hospital – Charleston
- Thomas Memorial Hospital
Contact Our Charleston, WV Medical Malpractice Attorney
The West Virginia medical malpractice lawyers at Tiano O’Dell, PLLC, care about helping injured members of our community. We also care about ensuring that our medical professionals, doctors, and facilities provide safe and conscientious medical care. It is important to us that victims of negligent medical practices get the compensation that they deserve, and that all responsible parties have to answer for their substandard medical care. Contact our office at (304) 720-6700 to schedule your free consultation and case evaluation with a personal injury attorney. We will go over your medical malpractice claim and help you get the justice and compensation that you deserve.
