At Goddard Law, we know that when you go to a doctor for any reason, you put all your trust in the medical professionals responsible for your care. Unfortunately, doctors, nurses, and other medical staff sometimes make mistakes or behave negligently, leading to serious illness and injuries. If the medical professionals responsible for treating your illness or injury have caused you more harm than good, you may have the right to file for compensation under medical malpractice law.

Dave Goddard, an experienced West Virginia medical malpractice attorney at Goddard Law has the experience you need on your side to hold the negligent party accountable. You have a right to trust medical professionals and the right to recover just compensation should they harm the quality of your life through negligent practices. We refuse to back down until you get the compensation you deserve. Contact us for a consultation and let a qualified West Virginia medical malpractice attorney take care of the rest.


Give us a call today at (304) 933-1411 to discuss your situation with a medical malpractice attorney.

What is Medical Malpractice?

West Virginia medical malpractice law can be daunting, but with the right help, it doesn’t have to be. At Goddard Law, we are considered among the best West Virginia medical malpractice attorneys. We know what a jury looks for and can present your case in the most convincing way possible to ensure you get what you deserve.

Medical malpractice claims in West Virginia can arise from any of the following examples:

  • Misdiagnosis of your ailment or failure to diagnose a present illness
  • Not interpreting test results or ignoring results
  • Unnecessary surgery
  • Errors during surgery
  • Inferior treatment after procedures
  • Being discharged too soon
  • Not performing the appropriate tests
  • Not detailing the exact details of a patient’s medical history

We can’t cover every circumstance, but we have covered some instances of what can be considered medical malpractice. Our West Virginia medical malpractice attorney has years of courtroom and board room experience and the know-how to examine your case. Our expert West Virginia medical malpractice lawyer David Goddard will thoroughly study your claim, compare it to past court precedent and determine the best strategy to move forward.

We take immense pride in the Mountain State and care about the victims of medical malpractice in West Virginia. You are more than clients. You are our friends, neighbors, and members of our community.

A West Virginia Medical Malpractice Lawyer Willing to Take On Big Insurance Companies

Hospitals and other medical facilities in West Virginia are required to have insurance to protect them against medical errors. Often, these insurance companies will do everything they can to devalue or deny a medical malpractice claim. When an individual suffers injury or illness as a result of negligent medical actions, they must be able to present evidence that the medical facility and/or staff in question acted carelessly or recklessly. With more than 20 years of experience on our side, our West Virginia medical malpractice lawyer will help evaluate your case and determine the best way to prove liability.

You can trust our West Virginia medical malpractice lawyer to address the following standards of medical malpractice law:

  • That the healthcare provider had a duty to provide the patient with care or treatment
  • Whether the medical professional failed to provide the patient with proper care
  • Whether the injury or illness occurred as a result of the medical professional’s negligence
  • That monetary, emotional, and/or physical damages occurred as a result

Retain the Expert in Medical Malpractice Law

But don’t just take our word for it. Our West Virginia medical malpractice attorney has helped others, and we’re ready and waiting to help you.

The West Virginia medical malpractice lawyer and legal team at Goddard Law are committed to helping you through this difficult time. We will use our extensive knowledge in medical malpractice law to present a winning case so you and your family get the compensation you deserve. We specialize in providing dedicated representation, personalized counsel, and aggressive advocacy in settlement or trial. Contact the West Virginia medical malpractice lawyer at Goddard Law to schedule a consultation.

The statute of limitations in WV for most medical malpractice cases is two years from the date of the malpractice. However, in nursing home cases, the statute of limitations is only two years. If the victim is a child, then suit must be filed within two years or prior the child’s 12th birthday (whichever is later). There are situations where the “discovery rule” can toll the statute of limitations if the malpractice was not known until a later time. Those cases are very individualized, and fact-specific.

There is a cap on non-economic damages in all med mal cases. It is stair-stepped. In cases resulting in death or loss of a body organ system, the larger cap of $500,000 applies. However, due to inflation, that amount is now $750,000 and cannot grow any further. For most non-death cases, the cap on noneconomic damages is $250,000, which after adjusting for inflation is now limited to $375,000. In some cases where care is provided during an emergency situation at trauma center, the trauma cap may apply which limits all damages to $500,000. Again, that amount is adjusted for inflation and is now approximately $640,000.

Damages are made up on the following: non-economic damages (pain, suffering, loss of enjoyment of life, mental anguish, embarrassment, etc)., plus lost wages (past and future), plus the amount paid for medical expenses (past and future), plus prejudgment interest at the statutory rate.

Punitive damages are designed to punish and deter the wrongdoer. Compensatory damages (economic and non-economic) are designed to compensate the victim. Punitive damages are in addition to compensatory damages, but they are only available in very limited situations. Specifically, punitive damages may only occur in a civil action against a defendant if a plaintiff establishes by clear and convincing evidence that the damages suffered were the result of the conduct that was carried out by the defendant with actual malice toward the plaintiff or a conscious, reckless and outrageous indifference to the health, safety and welfare of others. If proven, they may not exceed the greater of four times the amount of compensatory damages or $500,000, whichever is greater.

There are many different fact patterns that can justify a malpractice case. Oftentimes, it may arise in a nursing home when the resident is undernourished and underhydrated. That creates a situation where the skin can easily breakdown leading to pressure ulcers (often called bed sores or decubitus ulcers). Infection often accompanies these wounds, and many times the infections are not adequately treated, which can lead to sepsis and death. Situations may arise where doctors may leave surgical instruments in a patient after surgery, resulting in infection and death. Other times, errors occur during childbirth or even before the expectant mother goes into labor, which can injure the mom and the baby.

The amount of damages that can be collected will typically be limited to the maximum amount of non-economic damages, plus the medical expenses paid (past and future), plus lost wages (past and future), plus interest.

Medical malpractice is difficult to prove. We must prove that a care giver failed to do that which an ordinary care giver would do under the same or similar circumstances or that they did something which an ordinary care giver would not do under the same or similar circumstances. We must then prove that the care giver’s failures caused the patient’s injuries or death. To do this, we must use expert witnesses to explain why the caregiver’s actions were improper and why their failures caused or contributed to the harm.

To set up a case evaluation, reach out to our firm today at (304) 933-1411 or contact us online.



At Goddard Law , we fight for the full, fair recovery our clients are owed. We’ve helped numerous individuals and their families
successfully obtain just settlements and verdicts throughout the state of West Virginia.
Our proven track record of success speaks for itself.