Stephen B. Farmer | September 21, 2026 | Medical Malpractice
Medical malpractice at a Charleston, West Virginia hospital occurs when a healthcare provider fails to meet the legally required standard of care, and that failure causes a patient injury or death. A poor medical outcome alone is not enough. There must generally be evidence that the provider’s care fell below the applicable professional standard and caused the patient’s harm.
Medical malpractice can involve doctors, nurses, hospitals, and other healthcare providers. Examples may include preventable surgical errors, delayed diagnoses, medication mistakes, and failures to properly monitor a patient’s condition.
What Is the Legal Standard for Medical Malpractice in West Virginia?
Under West Virginia Code § 55-7B-3, the patient must establish that the failure to provide the accepted standard of care was a proximate cause of the injury or death.
West Virginia also recognizes certain “loss of chance” claims. Under § 55-7B-3, a plaintiff pursuing this theory must establish, to a reasonable degree of medical probability, that following the accepted standard of care would have resulted in a greater than 25% chance of improved recovery or survival.
What Are Common Types of Malpractice Claims at Charleston-Area Hospitals?
Hospital malpractice can occur at nearly any stage of a patient’s care, from diagnosis and medication management to surgery and post-operative monitoring. Whether a particular mistake qualifies as malpractice depends on the applicable standard of care and whether the mistake caused an injury.
Potential examples include:
- Misdiagnosis: A doctor incorrectly identifies a patient’s condition, resulting in inappropriate or delayed treatment.
- Delayed diagnosis: A serious condition such as cancer, stroke, infection, or internal bleeding is not identified promptly.
- Surgical errors: A surgeon performs the wrong procedure, operates on the wrong location, damages an organ, or makes another preventable error.
- Medication errors: A patient receives the wrong medication, an incorrect dosage, or a drug that dangerously interacts with another medication.
- Anesthesia errors: Mistakes involving anesthesia administration or monitoring can result in severe complications.
- Failure to monitor: Hospital staff fail to recognize or respond appropriately to changes in a patient’s vital signs or condition.
- Hospital-acquired infections: A claim may arise when inadequate infection-control practices contribute to a preventable infection.
- Discharge errors: A patient is discharged prematurely or without appropriate instructions or follow-up care.
An adverse result in any of these circumstances does not necessarily establish malpractice. The medical evidence must support the conclusion that the care provided fell below the applicable standard.
What Do You Need to Prove to Win a Malpractice Case?
To prevail in a West Virginia medical malpractice case, you generally need evidence establishing a breach of the applicable standard of care and a causal connection between that breach and your injury. Medical records are often central to this analysis.
Relevant evidence may include:
- Hospital and emergency department records
- Physician and nursing notes
- Diagnostic test results
- Imaging studies
- Medication records
- Surgical reports
- Discharge instructions
- Follow-up medical records
- Testimony from qualified medical experts
Farmer, Cline & Campbell Personal Injury Lawyers has represented injured West Virginians, including patients harmed by medical malpractice, for decades. In doing so, the firm has recovered substantial compensation for victims, including a medical malpractice recovery of $7,250,000. The legal team is prepared to help you gather the necessary evidence to help prove your claim as well.
Frequently Asked Questions
What Is West Virginia’s Medical Malpractice Statute of Limitations?
Under West Virginia Code § 55-7B-4, most West Virginia medical malpractice claims must be filed within two years of the medical injury or within two years of when the patient discovered, or reasonably should have discovered, the injury.
Why Are These Claims Harder to Win than a Standard Injury Case?
Medical malpractice claims are often more complex than ordinary negligence cases because proving that something went wrong is not enough. You must establish what the appropriate medical standard required and connect the provider’s departure from that standard to the patient’s injury.
What Should You Do if You Suspect Malpractice?
If you suspect that you or a loved one was harmed by medical malpractice, preserve your medical information and have the circumstances reviewed as soon as possible. You do not need to determine on your own whether a doctor or hospital violated the standard of care.
Contact the Charleston Medical Malpractice Lawyers at Farmer, Cline & Campbell Personal Injury Lawyers for a Free Consultation
If you believe a medical error at a Charleston hospital caused you or a loved one harm, determining whether the care fell below West Virginia’s legal standard often requires a careful review of medical records and expert evidence.
For more information, please contact an experienced medical malpractice lawyer at Farmer, Cline & Campbell Personal Injury Lawyers, to schedule a free initial consultation today. We have convenient locations in Charleston, Beckley, Morgantown, WV.
Farmer, Cline & Campbell Personal Injury Lawyers – Charleston
746 Myrtle Rd
Charleston, WV 25314
(304) 346-5990
Farmer, Cline & Campbell Personal Injury Lawyers – Beckley
101 N Kanawha St, Suite 101
Beckley, WV 25801
(304) 252-5990
Farmer, Cline & Campbell Personal Injury Lawyers – Morgantown
453 Suncrest Towne Centre Drive, Suite 300
Morgantown, WV 26505
(304) 225-5990