When you visit a doctor or hospital, you trust that they will provide you with competent care and the utmost of honesty and good faith. All too often physicians and hospital staff make preventable errors that result in injury or death.
Making matters worse, subsequent healthcare providers will often cover up or ignore obvious malpractice and state legislators in Ohio, West Virginia and Pennsylvania have made it easier for doctors to avoid liability for their mistakes.
Our lawyers have many years of experience in navigating these burdensome laws and obtaining justice for our clients. Call or text Wagoner and Desai at 304-470-2056 or contact us today for the justice you deserve.
Types of Cases We Handle
- Birth Injuries. The U.S. lags behind many developed nations in maternal care. Doctors make mistakes during the labor and delivery process. Often these cases involve failure to recognize or respond to signs and symptoms of fetal or maternal distress. These errors can result in cerebral palsy, shoulder dystocia, or stillbirth to the baby. Malpractice in the birthing process can also result in injuries and death to the mother.
- Surgical Errors. Every medical procedure, regardless of how minor, carries with it some risk of complication. Doctors often commit malpractice when they fail to appreciate that one of these complications has occurred. A common example is an injury to the bowel during a gall bladder surgery (cholecystectomy). The fact that the bowel may be nicked is an appreciate risk and not necessarily indicative of malpractice. The surgeon’s failure to appreciate the complication or to appropriately remedy it, however, is malpractice.
- Medication Errors. Despite numerous computer systems and safeguards, hospitals, pharmacies and physicians sometimes prescribe or administer the wrong medication. The medication may be wrong given potential interactions or the patient’s condition, or just simply stored in the wrong location. Where these errors cause serious injuries or death, we stand ready to help you.
- Emergency Room/Urgent Care. As anyone who has been to an emergency department can attest, these are often understaffed and organized chaos on the best of days. Consequently, emergency care providers are often rushed leading to poor care, misdiagnosis and premature discharge.
- Delayed or Missed Diagnosis. According to the CDC, cancer is the second leading cause of death in the United States. Early detection is often the key to good outcomes. Delayed or missed diagnoses can complicate treatment and lead to premature death.
What Can Malpractice Victims Recover
- Medical Bills. You can recover the value of any medical care necessitated by the medical malpractice. For example, if a surgeon fails to recognize and treat a surgical injury leading to an infection and long hospitalization, you can recover the cost of the treatment for the infection, etc.
- Lost Wages. If you miss work do to malpractice, or if a loved one is killed and no longer able to provide for their family, you can recover the value of the wages or earnings.
- General Damages. These are damages for physical pain and suffering, emotional distress, embarrassment, and the like. In wrongful death cases, these are typically the loss of companionship of society from the decedent. We practice in Pennsylvania, Ohio, West Virginia, Maryland and D.C. Maryland, Ohio and West Virginia all place “caps” or limits on the amount of general damages recoverable, while Pennsylvania and D.C. do not.
Wagoner Desai, PLLC
265 High Street, 3rd Floor
Citizens Bank Building
Morgantown, WV 26505