Morgantown Surgical Malpractice Attorney
Injured by a Negligent Surgeon in WV? Call Now! (304) 292-4381.
The Law Firm You Can Trust
FREE CONSULTATION – NO FEE UNLESS YOU WIN
Angotti & Straface Attorneys at Law is proud to be the top personal injury law firm serving clients throughout all of West Virginia. Our track record of aggressive litigation and proven results speaks for itself. If you or a loved one have been seriously injured by medical neglect at the hands of a surgeon, contact our law firm immediately for skilled legal assistance to protect your rights. Call: (304) 292-4381.
- No Fee Unless We Win Your Case
- Free Initial Consultation
- Home & Hospital Visits Available
- Maximum Financial Compensation Allowed by Law
We do not give up. We do not back down.
Do I Have a Claim for Surgical Malpractice?
Surgical malpractice is a type of medical malpractice that occurs when surgical personnel commit medical negligence. It is important to keep in mind that bad outcomes, and even death, are frequent during risky surgical procedures and do not necessarily indicate medical malpractice. You may experience extreme pain, complications, and/or permanent disability – and it may not have been the result of medical negligence. Every surgical procedure carries a known set of risks. Yet, if your surgeon, physician, anesthesiologist, hospital, nurses, or other members of your medical team neglected to uphold the accepted standard of care, they may be found liable for your injuries. Contact our law firm to request a complimentary case evaluation to get the most accurate answer to your questions and learn more about your options.
West Virginia Code further specifies medical professional liability:
§55-7B-3. Elements of proof.
(a) The following are necessary elements of proof that an injury or death resulted from the failure of a health care provider to follow the accepted standard of care:
(1) The health care provider failed to exercise that degree of care, skill and learning required or expected of a reasonable, prudent health care provider in the profession or class to which the health care provider belongs acting in the same or similar circumstances; and
(2) Such failure was a proximate cause of the injury or death.
(b) If the plaintiff proceeds on the “loss of chance” theory, i.e., that the health care provider’s failure to follow the accepted standard of care deprived the patient of a chance of recovery or increased the risk of harm to the patient which was a substantial factor in bringing about the ultimate injury to the patient, the plaintiff must also prove, to a reasonable degree of medical probability, that following the accepted standard of care would have resulted in a greater than twenty-five percent chance that the patient would have had an improved recovery or would have survived.
Trust Your Case to WV’s Most Dedicated Personal Injury Law Firm
The determination of whether a negative surgical outcome such as injury, complication, or death was unavoidable or a result of medical negligence can be complex. This determination and the pursuit of just compensation may be further complicated by recently enacted state laws inserted by the influence of powerful insurance lobbyists. Unfortunately, these laws actually protect negligent doctors and health care providers and limit the rights of victims of personal injury and wrongful death caused by medical neglect. Despite this, Angotti & Straface Attorneys at Law remains West Virginia’s most dedicated law firm – fully committed to protecting the rights of innocent patients statewide. We truly care about justice and are ready to protect the interests of each of our clients.
If you believe you or a loved one may be a victim of surgical malpractice, you need a proven and highly competent trial lawyer in your corner. At Angotti & Straface Attorneys at Law, we have been protecting the rights of patients throughout all of West Virginia since 1952 – and we are ready to assist you.
Would You Like a Free Legal Evaluation?
Contact us for a free evaluation of your claim today. There is no payment due until we win your legal case. If you are unable to travel to our Morgantown office, just let us know and we will come to you. Call Angotti & Straface at: Call: (304) 292-4381.