Kanawha County

Medical Malpractice Attorney in Kanawha County

Serving Charleston & Kanawha County Since 1977

When a healthcare provider’s failure causes serious harm, the path forward demands more than general legal knowledge. Berthold Law Firm, PLLC has served Charleston and Kanawha County residents in personal injury and medical malpractice cases since 1977, and we approach every case with the same commitment: your interests come first, from the first call through the final resolution.

We don’t apply a one-size-fits-all approach. Every claim reflects a different patient, a different provider, and a different set of facts, and we build our legal strategy around yours.

If you believe a healthcare provider’s negligence caused your injury, don’t wait. Call us at (304) 605-2040 to schedule a free consultation and learn where your case stands.

What Qualifies as Medical Malpractice

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care and that failure causes patient harm. Under West Virginia law, the standard of care is the degree of care, skill, and learning expected of a reasonable, prudent provider in the same profession acting under the same or similar circumstances.

Claims most commonly arise from misdiagnoses, surgical errors, medication errors, and birth injuries. The common thread is a departure from what a competent provider would have done and an injury that resulted directly from it.

West Virginia Filing Requirements for Malpractice Claims

West Virginia’s Medical Professional Liability Act sets strict procedural rules before a lawsuit can move forward. Missing any one of these deadlines can bar an otherwise valid claim.

Statute of Limitations & Repose

A patient generally has two years from the date of the injury to file suit, or two years from the date the injury was discovered or reasonably should have been discovered. No lawsuit can be filed more than 10 years after the original injury occurred, regardless of when it came to light. This 10-year cutoff is the statute of repose.

For minors under the age of 10 at the time of injury, the period runs two years from the injury or until the child’s twelfth birthday, whichever gives the longer window.

Notice of Claim & Screening Certificate of Merit

At least 30 days before filing, a patient must serve a Notice of Claim on every healthcare provider they intend to sue. That notice must be accompanied by a screening certificate of merit: a sworn statement from a qualified medical professional confirming that the provider breached the standard of care and that the breach caused the injury. This requirement places an evidentiary floor under every lawsuit that proceeds.

Continue Reading Read Less

Contact Us Today

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to receive text messages from Berthold Law Firm, PLLC at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy

Local Familiarity in Kanawha County Matters

Medical malpractice cases in Kanawha County are heard in the Kanawha County Circuit Court, the state’s Thirteenth Judicial Circuit, located in Charleston. Knowing how that court operates, its procedural expectations, and its judges shapes how a case is prepared and presented. Charleston Area Medical Center is the county’s primary hospital system, and cases involving its providers or affiliated facilities call for an attorney who understands the institutional landscape.

What Sets Our Firm Apart

Most law firms handling malpractice claims rely entirely on outside medical consultants. We don’t. Our full-time, on-staff resident nurse reviews medical records, identifies deviations from the standard of care, and helps our legal team understand the treatment a client received before we build a single argument. That internal medical perspective shapes everything from how we evaluate a claim to how we challenge a defense witness.

We pair that medical insight with seasoned legal professionals and advanced research tools to investigate each claim thoroughly. We’re known for our ability to argue complex issues against major entities, including hospitals and insurance companies, and that reputation has been earned case by case.

A Track Record Kanawha County Clients Can Trust

Our legal team has recovered over $10 million for clients and maintained a proven track record in both state and federal courts. Berthold Law Firm, PLLC holds an AV® Rating from Martindale-Hubbell®, the highest rating available from one of the country’s leading peer-review organizations, reflecting both legal ability and ethical conduct.

Damages & Comparative Negligence in West Virginia

West Virginia limits noneconomic damages, such as pain and suffering, under the Medical Professional Liability Act. The standard cap is $250,000 per occurrence, adjusted annually for inflation up to a maximum of $375,000. For catastrophic injuries, including wrongful death, permanent and substantial physical deformity, loss of use of a limb or bodily organ system, or an injury that leaves the patient permanently unable to care for themselves, the cap rises to $500,000 per occurrence, adjusted annually for inflation up to a maximum of $750,000.

Economic damages, including medical expenses and lost wages, aren’t subject to these caps and can be pursued in full.

West Virginia also follows a comparative negligence rule. If a patient contributed in some way to their own injury, their recovery is reduced in proportion to their share of fault. A patient can still recover as long as their negligence was less than the combined negligence of all defendants. A finding of partial responsibility doesn’t end the case. It adjusts the math.

Start Your Case Without Financial Risk

We represent medical malpractice clients on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you. Consultations are free and available in person or virtually, so neither distance nor a demanding schedule stands between you and the answers you need.

Contact Berthold Law Firm, PLLC at (304) 605-2040 to discuss your Kanawha County medical negligence claim with a member of our team. There’s no obligation to move forward.

Continue Reading Read Less

Why Choose Berthold Law Firm, PLLC?

Exceptional Track Record of Success
Millions of Dollars Recovered
Traditional Firm With a Progressive Approach
You Don’t Pay Unless We Win!

Backed by 75+ Years of Experience