Difference Between Negligence and Malpractice

You go to a doctor to get the advice and care that will heal and make you whole again. The last thing you expect is to become worse as a result of medical treatment. If this has happened to you, if you have been the victim of an incompetent or inattentive physician, you do have legal options.

What You Should Do First

Your first action should be to contact a Charleston WV personal injury attorney. If you have become ill or bear the physical marks or injuries of a surgeon, you need to act straightaway to get justice. You may not need to file a lawsuit. But you should accept no settlement offer until a Charleston WV personal injury attorney has reviewed it.

If you do have to file a lawsuit, your Charleston WV personal injury lawyer will build a case against the parties responsible for your illness or injury. They will first need to establish the facts and circumstances that led to your condition. During the initial consultation your Charleston WV personal injury lawyer will ask you questions about the treatment you received. Your responses will be used to establish the facts of the case.

Negligence versus Malpractice

Your lawyer will need to establish whether you are the victim of negligence or malpractice. Negligence is defined as failure to exercise the care that a reasonable person would exercise in like circumstances. It is a form of carelessness and unintentional harm. Malpractice is defined, in tort law, as the failure to exercise care in accordance with the standards set by a governing body; for example, a medical licensing board of West Virginia.

Once your lawyer has discerned the category that your injury falls under they will proceed with your suit.

Your Right to Compensation

If you have been the victim of medical malpractice or negligence, you need legal representation. The law firm of Freeman & Chiartas will help you get the compensation you deserve for your personal injury Charleston WV.