Malpractice Questions Raised by End of Life Treatments
According to a June 28, 2010 report by CBS News, long-term diseases such as Alzheimer's, cancer, heart failure and other conditions, cause more than 80% of American deaths every year. For the families of elderly or infirmed patients, it can be difficult to stand by and do nothing while a loved one is suffering. The same is true for many caring doctors and medical professionals who make every effort to save people's lives in their last days.
In the weeks or months leading up to death, the vast majority of ill patients opt for radical procedures like radiation, chemotherapy and experimental treatments in an effort to prolong life. However, the CBS News report claims that these treatments can actually cause more pain than the patient may have had if he would have chosen to live out his last days without drastic medical measures.
Our desire to live is stronger than our common sense, however, in many cases, says the report. But this desperation to save your own life or the life of a loved one can lead to medical mistakes as well as increased suffering. In many cases, families that push for radical procedures end up suing the doctor or medical staff who failed to take the proper precautions when administering such treatments.
If you have experienced the wrongful death of a loved one due to medical malpractice, contact an experienced lawyer in West Virginia. Only an attorney can tell you whether or not you have a valid case. Medical malpractice can be very tough to prove and you will need a legal professional on your side in order to recover damages.
Key Legal Takeaways & Summary
Essential West Virginia Legal Principles Established in This Case:
- •This analysis of "Malpractice Questions Raised by End of Life Treatments" highlights the essential legal protections and obligations established under West Virginia civil and statutory law.
- •Medical negligence actions in West Virginia are governed by the Medical Professional Liability Act (MPLA), requiring strict procedural compliance and verified Screening Certificates of Merit.
- •Establishing a deviation from the acceptable standard of medical care requires independent expert testimony from qualified physicians practicing in the same specialty.
Frequently Asked Questions
Common questions and legal analysis regarding claims under West Virginia law:
What is required before filing a medical malpractice lawsuit in West Virginia?
Under the MPLA, claimants must serve a notice of claim and a Certificate of Merit signed by a qualified healthcare professional detailing the breach in standard of care and proximate cause of injury.
Are there caps on damages in West Virginia medical malpractice claims?
Yes. Non-economic damages (pain and suffering) are subject to statutory caps under state law, adjusted periodically for inflation, while economic losses (medical bills, wage loss) remain uncapped.
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