Medical Malpractice Attorney

If Medical Treatment Hurt You Instead Of Helping You

When you or someone you love goes to a doctor or hospital, you expect careful treatment and honest answers. If you came home from care in the Morgantown area with a serious new injury, a worsening condition, or a tragedy that does not make sense, you may be wondering if a preventable medical error is to blame. A medical malpractice attorney can help you sort through what happened and what your options may be.

At Berthold Law Firm, PLLC,  we focus our work on people whose lives have been changed by serious injuries, including patients and families facing possible medical malpractice.  Since 1977, our attorneys have represented injured people across West Virginia and have have recovered more than ten million dollars for our clients. We understand how confusing it can feel to question a trusted doctor or a large hospital, and we work to provide clear guidance so you do not have to face that alone.

From your first free consultation, we listen to your story, review what happened, and explain how the law may apply to your situation. Because we work on a contingency fee basis, you do not pay attorneys' fees upfront. Our goal is to help you focus on your health while we evaluate whether a medical error or negligence may have caused your injury.

Unsure Whether a Medical Error Caused Your Injury? Speak with a Morgantown medical malpractice attorney who can review what happened and explain your options during a free, confidential consultation. Call (304) 605-2040 to talk with our team today.

Why Patients & Families Choose Our Medical Malpractice Team

Choosing a law firm after a serious medical injury is not only about finding someone who understands the law. You also need a team that understands medicine and the way hospitals and insurance companies defend themselves when something goes wrong. Our firm brings together seasoned trial lawyers, advanced research tools, and the insight of a full-time resident nurse who serves as our in-house medical consultant.

Our nurse has extensive clinical experience and works closely with our attorneys to review medical records, help identify potential deviations from accepted standards of care, and clarify complex medical issues. This collaboration helps us evaluate claims thoroughly and communicate clearly with clients about what the records may show. For many patients and families, it is the first time someone who understands both medicine and the legal process has walked them through their chart.

In addition to our medical resources, our legal team has been representing injured people in West Virginia courts for decades. We hold an AV Rating from Martindale-Hubbell, which reflects both strong legal ability and a commitment to ethical practice. Our attorneys have a proven track record in state and federal courts, and we are known for our ability to argue complex issues when major insurance companies, hospitals, or physician groups are involved. When you come to us after a serious medical injury, you have a team prepared to investigate, explain, and pursue your claim with care.

What Counts As Medical Malpractice In West Virginia

Many people come to us after a difficult medical experience and ask a simple but important question. They want to know whether what happened to them is medical malpractice or an unavoidable complication. Under West Virginia law, medical malpractice generally involves a health care provider failing to meet the accepted standard of care, which then causes harm to the patient. The standard of care is often described as what a reasonably careful provider with similar training would have done in the same situation.

Determining whether that standard was met usually requires a careful review of medical records, test results, and provider notes, and in many cases input from qualified medical professionals. A missed diagnosis, a delayed diagnosis, a surgical mistake, a serious medication error, or a failure to recognize and treat a worsening condition may all be signs that the standard of care was not followed. However, not every bad outcome is legally considered malpractice, even when the impact on your life is severe.

West Virginia also has specific rules and time limits that apply to a medical malpractice lawsuit. These rules can affect how a case must be filed and when it must be brought. Our attorneys regularly work with these requirements when evaluating claims that arise from treatment in this part of the state, including care received in and around Morgantown. During a consultation, we can discuss how these laws may apply to your situation and why timing can be important.

Birth Injuries Caused by Medical Negligence

Errors during pregnancy, labor, or delivery can cause life-altering injuries to newborns. These cases often involve failure to monitor fetal distress, delayed C-sections, improper use of delivery tools, or lack of oxygen during birth. Families facing these situations often require long-term medical care and financial support.

Our firm has experience handling complex birth injury claims, helping parents understand whether mistakes during delivery may have contributed to their child’s condition.

Anesthesia Errors During Surgery or Procedures

Anesthesia errors can occur before, during, or after surgery and may involve incorrect dosage, failure to monitor vital signs, delayed response to complications, or improper airway management. These mistakes can lead to brain injury, cardiac events, or even loss of life.

Because anesthesia cases involve detailed medical records and timelines, our in-house nurse plays a critical role in reviewing anesthesia charts and procedure notes.

Medication Errors & Dangerous Drug Mistakes

Medication errors remain one of the most common forms of medical negligence. These cases may involve prescribing the wrong medication, incorrect dosages, failure to account for drug interactions, or administering medication to the wrong patient.

Medication mistakes can happen in hospitals, emergency rooms, pharmacies, or long-term care facilities. When these errors cause serious harm, a medical malpractice attorney in Morgantown can help determine accountability and pursue compensation.

Common Medical Injuries & Cases We Handle

Types Of Medical Errors We Often See

Serious medical injuries can occur in many different settings, from large hospitals and surgical centers to outpatient offices and clinics. We frequently hear from people who received care at facilities that serve Morgantown residents and later learned that something may have gone wrong in how their condition was handled. Although every case is unique, certain types of medical errors appear again and again in the situations our clients describe.

Some examples of medical problems that may involve negligence include:

• Significant surgical or anesthesia events that lead to unexpected complications, nerve damage, or internal injuries.
• Missed or delayed diagnosis of serious illnesses such as cancer, stroke, or severe infections when warning signs were present.
• Medication mistakes, including harmful drug interactions, incorrect dosages, or administration of the wrong drug.
• Failures to monitor a patient after a procedure or during a hospital stay, resulting in preventable deterioration or death.

These injuries often bring lasting consequences such as additional surgeries, extended hospitalizations, permanent disability, or loss of the ability to work. When we review a potential claim, we look not only at whether a provider may have acted negligently but also at how the injury has affected your daily life, your finances, and your future medical needs. Our goal is to help you understand whether negligence may have played a role and what options you may have to seek accountability and financial recovery.

How We Investigate A Potential Medical Malpractice Lawsuit

Step-By-Step Support For Patients & Families

For many patients and families, the idea of investigating what happened inside a hospital or doctor’s office feels overwhelming. Medical records can be lengthy and technical, and hospitals and insurers often provide limited information. Our role is to step into that gap and manage a careful review so you are not left to untangle it alone.

When you contact our medical malpractice lawyer team, the process typically involves:

• Free consultation: We listen to your account of what happened, when symptoms began, what you were told, and how your condition changed over time.
• Gathering records: If we move forward together, we obtain and organize your medical records from the providers involved, including facilities in the Morgantown area if that is where your care took place.
• Medical review: Our in-house nurse works side by side with our attorneys to examine those records, identify key events, and flag areas that may suggest that accepted standards were not followed.
• Legal analysis: We assess whether there appears to be a link between the care you received and the harm you suffered, and we consider which parties may be responsible.
• Next steps: When appropriate, we consult with outside medical professionals and discuss with you whether pursuing a claim may be an option.

Throughout this process, we keep you informed about what we are seeing in the records and what steps may come next if a claim is pursued. Our goal is to make a complex process more understandable and to relieve you of the burden of dealing with medical charts and legal rules on your own.

Why Acting Promptly Matters In Medical Negligence Cases

After a difficult medical experience, many people need time to process what has happened. It can feel uncomfortable to question a doctor or hospital, especially if you have been a long-time patient. At the same time, there are practical reasons to talk with a medical malpractice lawyer as soon as you reasonably can if you suspect negligence.

West Virginia law places time limits on when a medical malpractice lawsuit can be filed, and those limits may be affected by details such as when the injury was discovered and the age of the patient. Records are also easier to obtain and analyze when less time has passed, and memories of conversations or symptoms tend to be clearer earlier on. By reaching out sooner, you give our team more opportunity to collect information and evaluate your situation before important deadlines pass.

We understand that taking this step can be emotionally difficult. A consultation with our firm is confidential, and speaking with us does not mean you are committed to filing a lawsuit. Because we offer free consultations and work on a contingency fee basis, you can learn about your options without adding to your financial strain. If you live in or near Morgantown and it is hard for you to travel, we also offer virtual meetings so we can talk with you in a way that works for your health and schedule.

Frequently Asked Questions

How do I know if what happened to me is medical malpractice?

The only reliable way to know if your situation may involve medical malpractice is to have your circumstances and records reviewed by professionals who understand both medicine and the law. In general, a potential claim exists when a health care provider fails to act as a reasonably careful provider would have under similar circumstances and that failure causes you harm. Examples might include a missed diagnosis when clear warning signs were present, a significant surgical error, or a serious medication mistake.

At Berthold Law Firm, PLLC, we start by listening to your account in detail, then we obtain and review your records with the help of our in-house nurse. This helps us identify whether the care you received appears to fall below accepted standards and whether that may have caused your injuries. We then explain our initial impressions and discuss possible next steps, so you are not left guessing about the strength of your potential claim.

What will it cost to hire your medical malpractice lawyers?

We handle medical malpractice and serious injury cases on a contingency fee basis, which means our attorneys' fees are collected as a percentage of any recovery rather than being paid upfront. If there is no recovery, you do not pay us attorneys' fees. This structure allows patients and families who are already dealing with medical bills and lost income to seek legal help without taking on additional financial risk at the start.

Your first consultation with our team is also free, whether we meet in person or virtually. During that meeting, we can explain how contingency fees work in more detail, as well as how case-related expenses are typically handled. Our goal is to be transparent about costs so you can make an informed decision about how to proceed.

Will I have to go to court if I sue my doctor or the hospital?

Many medical malpractice cases are resolved through negotiation or other means before a trial occurs, but some cases do proceed to court when the parties cannot agree on a resolution. Whether your case is likely to go to trial depends on factors such as the strength of the evidence, the positions of the defendants and their insurers, and how settlement discussions develop over time. It is not possible to predict in advance exactly how any particular case will conclude.

Our attorneys have decades of experience handling serious injury claims in West Virginia state and federal courts, and we prepare each case carefully in case it does need to be presented to a judge or jury. Throughout the process, we explain what to expect, discuss options with you at each stage, and work to keep you informed so you do not feel caught off guard. If court appearances become necessary, we guide you through them and help you understand your role.

How does your in-house nurse help with my medical malpractice case?

Our full-time resident nurse is an important part of how we evaluate and pursue potential medical malpractice claims. When we obtain your medical records, our nurse works with our attorneys to review them in detail, identify key events, and highlight portions that may indicate problems with the care provided. This can include looking at vital signs, test results, provider notes, and the timing of treatments to see how they fit together.

Having this medical perspective within our team helps us ask more precise questions, recognize issues that might not be obvious from a legal viewpoint alone, and explain the medical aspects of your case in language that makes sense. When we talk with you about our findings, our nurse’s insight helps us connect what is written in the records with what you experienced day to day. This collaboration is designed to make the process more thorough and more understandable for you.

How long do I have to file a medical malpractice lawsuit in West Virginia?

West Virginia law sets specific time limits, known as statutes of limitation, for bringing a medical malpractice lawsuit. The exact time frame that applies to your situation can depend on factors such as when the alleged negligence occurred, when the injury was discovered, and the age of the patient at the time. Because of these variables, it is important to talk with an attorney as soon as you suspect that negligent medical care may have harmed you.

During a consultation, we can discuss how the general time limits may relate to your circumstances and why prompt action is often important. We cannot offer individual legal advice about deadlines without reviewing the facts of your situation, but we can explain the concepts in clear terms. Reaching out earlier gives us more time to gather information and consider any legal time constraints that may affect your options.

Can your team help if my medical care happened in Morgantown but I live elsewhere in West Virginia?

Yes, we regularly work with clients whose medical treatment took place in one part of West Virginia while they live in another. If you received care in or near Morgantown, we can obtain records from those providers and handle communication with the facilities involved, even if you now live in a different area. What usually matters most is where the care occurred and which court has authority over the claim, not where you currently reside.

To make the process easier, we offer virtual consultations and can communicate with you by phone, secure video, and electronic document sharing when an in-person visit is difficult. Our team is accustomed to handling cases that arise from medical treatment at hospitals and clinics throughout the state, and we can explain how that works during your initial meeting.

What information should I bring to our first meeting about a potential malpractice case?

Bringing as much information as you comfortably can to the first meeting helps us understand your situation more quickly. Helpful items often include discharge papers, any written instructions you received, a list of your medications, and any letters or explanations from the hospital or doctor. If you already have copies of medical records, test results, or imaging reports, those can also be valuable.

It can also be useful to write out a simple timeline of events, including when symptoms began, when you sought care, what you were told, and how your condition changed over time. If you do not have all of this information yet, do not let that stop you from contacting us. Part of our role is to help obtain records and organize information once we begin working together.

Talk With Our Medical Injury Lawyers About Your Options

If you or someone you love has been seriously harmed after medical treatment, you do not have to carry the weight of those questions alone. Our medical injury lawyer team at Berthold Law Firm, PLLC listens carefully, reviews what happened with both legal and medical insight, and explains in plain language what options may be available. Whether your care took place in Morgantown or elsewhere in West Virginia, we are prepared to evaluate your situation and discuss possible next steps.

We offer free initial consultations, work on a contingency fee basis, and provide virtual meetings when travel is difficult. With decades of experience in serious injury cases, an in-house nurse who helps us understand complex medical records, and a strong reputation for ethical advocacy, we work to shoulder the legal burden so you can focus on your health and your family.