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What is required to prove medical malpractice?

There are many situations where people in West Virginia may not be happy with a health care provider, but how can you know when your situation goes beyond just being unhappy and is an actual case of medical malpractice? The answer lies in the law, which is very specific as to what needs to be proven in order for a charge of malpractice to be levied.

According to the West Virginia Legislature, there is a general level of care that everyone should expect from medical providers and that is required under law. When a provider does not meet this level of care, it is possible malpractice has occurred. To this end, the state requires that to prove your case, you must show that your provider did not provide you with a proper level of care. This means that he or she did not treat you in a way that another health care provider would have done in the same situation. This lack of care needs to have caused you injury.

It all really boils down to what is considered an acceptable standard of care. This is something that represents what the average provider would do in a situation. For example, if you break a bone, the general standard is to get an x-ray to see the extent of the bone break. If your doctor did not get an x-ray and you suffer further injury because of this, then it might be a situation of malpractice. However, it is hardly cut and dry. For example, your doctor may have had a very good reason for foregoing the x-ray and other providers may have done the same thing. Thus, a malpractice case can be difficult to prove.

This information is for education and is not legal advice.

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