What is Hardest to Prove in a West Virginia Medical Malpractice Case?
Medical malpractice cases are often very complex and stressful, due to the fact that they require extraordinary legal and medical knowledge. In West Virginia, pursuing this type of claim means navigating a complicated legal process. It’s important to know what makes these cases so challenging and what you can do to overcome these hurdles.
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An Overview of Medical Malpractice
Medical malpractice happens when a healthcare professional does not provide the care that a reasonably skilled provider would offer under similar conditions, leading to bodily harm to the patient. This standard is important because it ensures that healthcare providers are held responsible for their actions and that patients receive the care they are entitled to. When a provider fails to meet the expected level of care, patients have the right to take legal action.
These cases can be very complex and require a thorough understanding of both medical and legal standards. It’s essential to know that proving such claims involves showing that the provider’s actions were not just harmful, but fell below the accepted standard of care. This often requires the expertise of medical professionals who can testify about what should have been done in a given situation.
Proving Negligence
Proving negligence is a key part of a medical malpractice case. It means showing that a healthcare provider failed to act as a competent professional would in a similar situation. This is not easy because it involves more than just showing that a patient was harmed. You must demonstrate that the harm occurred because the provider did not meet the expected level of care. This requires detailed evidence, like medical records, and often the testimony of medical experts with a similar level of experience and knowledge. These experts can explain what a competent provider would have done differently. This step is critical but can be very challenging due to the complexities of medical care and legal standards.
Establishing Standard of Care
The term “standard of care” refers to what a reasonably skilled healthcare provider would do in a similar situation. To prove a medical malpractice claim, you must show that the care you received did not meet this standard. This can be challenging because what is considered appropriate can vary based on the specific circumstances of each case. Medical experts are often needed to explain what the standard of care should have been and how the provider’s actions fell short. They can help clarify what a competent provider would have done differently. Gathering and presenting this information is crucial, as it forms the basis for determining whether the provider was negligent.
Linking Negligence to Injury
Linking a healthcare provider’s negligence to a patient’s injury is a challenging part of a medical malpractice case. It’s not enough to show that the provider made a mistake; you must also prove that this mistake directly caused the injury. This can be very complicated because patients often have multiple health issues, and it can be hard to pinpoint the exact cause of the injury.
To do this, you need solid evidence, such as medical records and test results. Expert witnesses are also important because they can explain how the provider’s actions led to the harm. These experts use their knowledge to draw a clear connection between what the provider did and the injury that occurred.
Gathering this type of evidence and testimony can be a long and detailed process. Medical experts need to thoroughly review the patient’s records and understand the specific medical condition involved. They then need to explain this in a way that a judge or jury can understand.
Role of Expert Witnesses
Expert witnesses are vital in medical malpractice cases, as they provide the specialized knowledge needed to explain medical issues clearly. These experts, often experienced doctors or specialists, help the court understand what the standard of care should have been in the specific situation. They review medical records, examine evidence, and testify about whether the care provided met acceptable medical standards.
Finding the right expert witness is important. They need to be highly respected in their field and able to communicate complex medical concepts in a way that is easy for the judge and jury to understand. Their testimony can help show whether a healthcare provider’s actions were appropriate or negligent. This makes them an important part of building a strong case.
However, securing expert witnesses can be challenging. They need to be unbiased and credible, which can sometimes be hard to find—particularly in highly specialized areas of medicine where all of the specialists have links to each other. Their role is to help clarify medical facts and provide an objective viewpoint, which can significantly influence the outcome of the case.
Medical Malpractice Cases in WV
The MPLA or the West Virginia Medical Professional Liability Act is a cornerstone of medical malpractice litigation in West Virginia. The MPLA was enacted to address concerns about the availability and affordability of medical liability insurance and aims to provide a framework for resolving claims of medical negligence.
Pre-Suit Requirements
Before filing a medical malpractice lawsuit, a claimant must typically provide each targeted healthcare provider with a Notice of Claim and a Screening Certificate of Merit at least thirty days prior to initiating the action.
The Screening Certificate of Merit must be executed by a qualified health care expert, attesting that a reasonable and good faith review of the medical records and relevant literature has been conducted and that, in their expert opinion, the applicable standard of care was breached, and this breach was a proximate cause of the alleged injury or death.
Failure to comply with these pre-suit requirements can lead to the dismissal of the lawsuit. For instance, in State of West Virginia ex rel. Joshua Mena, D.O., et al. v. The Honorable David J. Sims (2024), the Supreme Court of Appeals of West Virginia granted a writ of prohibition and directed the circuit court to dismiss a medical malpractice action (without prejudice) where the plaintiff failed to serve the screening certificates of merit thirty days before filing the lawsuit, even though there were provisions for extending time to obtain the certificate itself. The Court has repeatedly emphasized that compliance with these pre-suit notice requirements is a mandatory prerequisite.
However, in Pledger v. Lynch (2021), the Fourth Circuit Court of Appeals held that the MPLA’s pre-suit notice and certification requirements were inapplicable to a medical malpractice action brought in Federal Court under the Federal Tort Claims Act (FTCA), finding them displaced by the Federal Rules of Civil Procedure.
Scope of the MPLA and “Creative Pleading”
The West Virginia Supreme Court has clarified that the MPLA applies broadly to claims arising in the context of rendering healthcare.
In State of West Virginia, ex rel. West Virginia University Hospitals, Inc. v. Scott (2021), the Court held that litigants cannot circumvent the MPLA by characterizing claims as “corporate negligence” (e.g., negligent hiring, staffing, or failure to train) if these claims are anchored to and arise from the provision of health care.
The Court emphasized that the 2015 amendments to the MPLA expanded the definition of “health care” to include acts, services, or treatments provided under or in furtherance of a physician’s or facility’s plan of care, medical diagnosis, or treatment. Such “ancillary” claims, if related to an “anchor” health care claim and occurring in the context of rendering health care, fall under the MPLA.
Apportionment of Fault
The MPLA dictates how fault is to be apportioned among parties.
A significant ruling in Wingett v. Challa (2023) addressed W. Va. Code § 55-7B-9(b), which states that a jury “shall” consider the fault of “all alleged parties.”
The Supreme Court concluded that “alleged parties” encompasses those originally named in the complaint as having contributed to the plaintiff’s injuries, regardless of whether they remain parties to the litigation at the time of trial (e.g., due to voluntary dismissal without settlement). This means a remaining defendant can seek to have the jury apportion fault to a dismissed party if proper notice of non-party fault is given.
Caps on Non-Economic Damages
West Virginia law places caps on the amount of non-economic damages (such as pain and suffering, loss of enjoyment of life) that can be awarded in medical malpractice cases. These caps are subject to adjustments for inflation.
In the case of Dominique Adkins v. Dr. Michael Covelliv (trial concluded around late 2017/early 2018), a jury awarded nearly $5.8 million after finding the doctor negligent during a thyroidectomy and subsequent tracheotomy, leading to permanent laryngeal nerve damage. Approximately $5 million of this award was for non-economic damages. Due to the state’s cap (around $650,000 at the time, adjusted from the original $500,000 cap in 2003), the actual recovery for non-economic damages was expected to be significantly reduced.
Notable Case Examples and Legal Principles
Beyond the MPLA’s direct provisions, case law illustrates various aspects of medical malpractice litigation:
Standard of Care and Expert Testimony
Generally, a plaintiff must present expert medical testimony to establish the applicable standard of care and demonstrate that the defendant healthcare provider breached that standard, causing injury.
However, in McGraw v. St. Joseph’s Hospital (a case with facts from 1991, opinion likely later), the discussion revolved around whether expert testimony is always required. The general rule is that it is, unless the lack of care or skill is so gross as to be apparent, or the alleged breach relates to noncomplex matters of diagnosis and treatment within the understanding of lay jurors.
Duty of Care and Patient Actions
The Supreme Court of Appeals of West Virginia affirmed a summary judgment for a physician where a patient left the hospital against medical advice (AMA) and executed a release of liability. The court found that by doing so, the patient terminated the physician-patient relationship and the physician’s ongoing duty of care related to the hospital stay. (Source 1.1, 1.6, specific case name not prominent but principle clear).
Duty of Care in Mental Health Case
In Morris v. Corder (2021), the Supreme Court reversed a circuit court’s decision that had barred claims related to a patient’s suicide, which was based on a “custodial” prerequisite. The Supreme Court found the circuit court erred in concluding that precedent required a custodial prerequisite for such claims.
Surgical Errors and Significant Awards
In Mike Rodgers v. Dr. John Orphanos, a jury awarded $17 million. Mr. Rodgers sustained spinal column injuries in an accident. The lawsuit alleged that the neurosurgeon operated recklessly and negligently, without proper pre-operative testing and appropriate safety equipment, rendering Mr. Rodgers a paraplegic.
MPLA Inapplicability to Certain State Entities
In State ex rel. W. Va. Division of Corrections & Rehabilitation v. Honorable Ferguson (2023), the Supreme Court held that the MPLA does not apply to the West Virginia Division of Corrections and Rehabilitation. Therefore, a wrongful death lawsuit against the DCR alleging claims that sounded in medical professional liability could proceed without meeting MPLA requirements.
Why Proving a Care Provider’s Negligence is So Challenging
Proving negligence in a medical malpractice case is often considered the most difficult part of these claims. One of the main challenges is demonstrating that the care provider did not meet the expected standard of care. However, there’s a line between a regular human mistake and medical malpractice, and doctors accused of malpractice often claim that their conduct falls on the “basic mistake” side. The court cannot rule against doctors every time they make a mistake, as this would mean that no one would ever enter the medical field. As a result, your attorney has to prove through extensive documentation that what occurred was genuinely malpractice.
Another hurdle is that medical professionals typically have strong legal teams defending them. These teams work hard to show that the provider acted appropriately, making it even more important for the patient to have strong evidence and credible expert witnesses.
Discuss Your Legal Options with Bailey, Javins & Carter
If you’ve been harmed by a medical care provider’s negligence, you’re not alone. We’re here for you. Set up a time to meet with our team now by calling us at 800-497-0234 or sending us a quick message online.
