Medical Malpractice










Understanding Medical Malpractice and Its Impact
Medical malpractice occurs when a healthcare professional—such as a doctor, nurse, surgeon, or hospital—fails to meet the accepted standard of care, resulting in harm to a patient. These errors can be devastating, often leading to severe injury, permanent disability, or even wrongful death. For victims and their families, the consequences of medical negligence go far beyond physical suffering. Emotional distress, financial hardship, loss of trust in the medical system, and a lingering sense of injustice are common outcomes.
Medical malpractice is a leading cause of accidental death and injury in the United States, including West Virginia. While most healthcare providers do their best to help their patients, mistakes happen far too often—sometimes due to understaffing, lack of training, fatigue, or simply carelessness. When those mistakes cause serious harm, victims have the right to hold the responsible parties accountable and seek compensation for their losses.
At Klie Law Offices, we believe in standing up for patients and their families. Our experienced attorneys know how to investigate complex medical cases, prove negligence, and fight for the justice and financial recovery our clients deserve.
What Constitutes Medical Malpractice? Common Types and Examples
Not every poor medical outcome is malpractice. For a case to qualify, four elements must be present:
-
A Doctor-Patient Relationship Existed: The healthcare provider owed you a duty of care.
-
The Provider Was Negligent: The provider failed to meet the accepted medical standard of care.
-
The Negligence Caused Harm: The provider’s actions (or inactions) directly resulted in injury.
-
Damages Occurred: The patient suffered physical, emotional, or financial losses.
Common examples of medical malpractice include:
-
Misdiagnosis or Delayed Diagnosis: Failing to recognize or properly diagnose a condition (such as cancer, heart attack, or stroke), leading to delayed or incorrect treatment.
-
Surgical Errors: Operating on the wrong body part, leaving instruments inside the patient, anesthesia errors, or causing infection due to improper technique.
-
Medication Errors: Prescribing the wrong medication or dosage, failing to recognize drug allergies, or administering medications incorrectly.
-
Birth Injuries: Mistakes during labor and delivery causing harm to the baby or mother (such as cerebral palsy, brachial plexus injuries, or maternal hemorrhage).
-
Failure to Treat: Discharging a patient too soon or neglecting to provide appropriate follow-up care.
-
Hospital Negligence: Inadequate staffing, poor hygiene, or failure to monitor patients properly.
-
Lack of Informed Consent: Failing to adequately inform patients about the risks and alternatives of a procedure or treatment.
These and other forms of malpractice can have lifelong consequences. If you suspect you or a loved one has been harmed by medical negligence, consulting an experienced attorney is the first step toward justice.
The Devastating Consequences of Medical Malpractice
Many families struggle to identify the subtle—and sometimes hidden—indicators of nursing home abuse or neglect. Abusers often exploit the vulnerability of seniors, counting on silence or confusion to cover their actions. Here are some common warning signs to look for:
-
Unexplained injuries, bruises, or fractures
-
Sudden weight loss or signs of malnutrition
-
Dehydration or poor hygiene
-
Bedsores or pressure ulcers
-
Fearful, anxious, or withdrawn behavior
-
Sudden changes in financial accounts or missing personal items
-
Unresponsiveness or heavy sedation
-
Reluctance to speak in front of staff
-
Untreated medical conditions or medication errors
-
Unsanitary or unsafe living conditions
Trust your instincts. If something feels wrong, don’t ignore it. Take detailed notes, document evidence, and contact Klie Law Offices for a confidential consultation. Our legal team knows what questions to ask and how to protect your loved one’s rights.
Client Reviews

Thanks to her efforts, the case was resolved in my favor, far exceeding my expectations. I felt supported, respected, and confident throughout the entire process.
If you’re looking for a lawyer who combines intellect, integrity, and heart, look no further. I wholeheartedly recommend Kimberly Koslski to anyone in need of outstanding legal representation.
Gabby is very knowledgeable and will fight for what you want in the courtroom!
Jennifer and Katie are always quick to respond to any question or concern you may have.
I would definitely use Klie Law for any other service in the future..
An added bonus is their friendly, helpful, always willing to help receptionist, Tammy. She will help you get your questions answered as soon as possible.
Gabby knows her stuff! Super thorough and organized with a hint of sass in the court room. She fights for you and what you want!
Jennifer and Katie are always quick to respond and knowledgeable and if they're unsure, they find out quickly.
If you're looking for a team for your custody case this is it!
Nicole, was also exceptional. She was responsive, organized, and went above and beyond to ensure everything was handled efficiently. She made sure I was informed every step of the way, which made the entire process much smoother.
I highly recommend Klie Law Offices for anyone in need of legal services. Their team is top-notch and I felt completely supported throughout the entire process.
Gigi
Google presented me with four--five Law Firms. After researching and deciphering through reviews, I decided to try Klie Law Office, in West Virginia, my home State!
On my way to my scheduled appointment for case evaluation, I thought to myself, " Will they be willing to accept my case, knowing that my next hearing is in 8 days?" I was Hoping and Praying to my Father, who is beside me with every step of my path, all the way there!
When Iris and I met, we exchanged a firm handshake, and she professionally introduced herself!
To me, a firm handshake means something. Our ( myself, two sisters and one brother) Dad taught us at a young age, a firm handshake means something! To each of us we will know what he means, when our day comes, to experience it!
My day had come, this day! What did I get from her firm handshake? A welcoming first impression of strength and confidence!
We discussed details of my case, and she would inform me of their processes, which member of the team does what, the retainer amount, paperwork process, and they would be there for my hearing, that was now 7 days away!
After processing my retainer, filling out necessary forms, I left with self confidence knowing that Klie Law accepted my case, and they will be fighting For Me, Not Against Me, as in the past 7-8 months.
Thank You, Klie Law!
CONTACT US ABOUT YOUR CASE TODAY


Helpful Shorts From Our TikTok

Proving Medical Malpractice in West Virginia
Medical malpractice cases are complex, often requiring in-depth investigation and expert testimony. To win a claim, your legal team must prove:
-
Standard of Care: What would a reasonably skilled and careful provider have done under similar circumstances?
-
Breach of Duty: How did the defendant fail to meet that standard?
-
Causation: Did the provider’s mistake directly cause harm?
-
Damages: What injuries, expenses, and losses did the victim suffer as a result?
Expert Witnesses:
Medical experts are crucial in malpractice cases. They review records, testify about the standard of care, and explain how the provider’s actions led to the injury.
Statute of Limitations:
In West Virginia, most medical malpractice claims must be filed within two years of the injury or discovery of the harm. If the victim is a minor or the negligence was concealed, exceptions may apply—but it’s always best to consult an attorney as soon as possible.
Certificate of Merit:
West Virginia law requires a “certificate of merit”—an affidavit from a qualified medical expert—before a lawsuit can proceed. This document states that, in the expert’s opinion, the standard of care was breached.
Pre-Suit Requirements:
Before filing suit, your lawyer must notify the provider and allow for a period of negotiation or mediation.
With so many hurdles, having an experienced legal team like Klie Law Offices is essential. We know how to secure medical records, find the right experts, and build a strong case from start to finish.
Compensation in Medical Malpractice Cases
Victims of medical malpractice may be entitled to several types of damages, designed to help them recover and rebuild their lives. In West Virginia, compensation can include:
Economic Damages:
-
Past and future medical expenses (surgeries, rehab, home care, medication)
-
Lost wages and loss of future earning capacity
-
Costs of assistive devices, home modifications, and special care
Non-Economic Damages:
-
Pain and suffering
-
Emotional distress
-
Loss of enjoyment of life
-
Loss of consortium (damage to a marital relationship)
Punitive Damages:
In cases of extreme recklessness or intentional harm, punitive damages may be awarded to punish the wrongdoer and deter similar conduct.
Caps on Damages:
West Virginia law imposes caps on non-economic damages in medical malpractice cases. For most cases, the cap is $250,000, but it can increase to $500,000 for cases involving catastrophic injury or wrongful death. Economic damages (such as lost wages and medical bills) are not capped.
Klie Law Offices works with financial and medical experts to fully assess your losses and pursue the maximum compensation available by law.
Klie Law Office F.A.Q
1. What should I do immediately after a personal injury accident?
2. How do I know if I have a valid personal injury claim?
3. How much is my personal injury case worth?
4. Will my personal injury case go to court?
5. How much does it cost to hire a personal injury lawyer at Klie Law Offices?
Civil Litigation Team
Civil Litigation Attorneys
Civil Litigation Paralegals
Civil Litigation Practice Coordinator

Brooke Gruver

The Legal Process & What to Expect When Pursuing a Medical Malpractice Claim
Filing a medical malpractice lawsuit can seem daunting, but Klie Law Offices handles every step so you can focus on healing.
Step 1: Consultation and Case Evaluation
We listen to your story, review your records, and help you determine if you have a viable claim. Our consultations are always free and confidential.
Step 2: Investigation and Expert Review
We collect all relevant medical records, consult with independent medical experts, and evaluate the standard of care. This step is crucial to building a solid foundation for your case.
Step 3: Filing the Certificate of Merit and Pre-Suit Notice
Before filing suit, we obtain the required affidavit from a qualified expert and send pre-suit notice to the provider, allowing time for potential resolution.
Step 4: Negotiation and Settlement
Many cases are resolved through settlement, saving time and avoiding trial. We negotiate aggressively for fair compensation and only recommend settlement if it’s in your best interest.
Step 5: Litigation and Trial
If the healthcare provider or insurer refuses a fair settlement, we file the lawsuit and prepare for trial. Our attorneys are skilled litigators who can present a compelling case to the court.
Step 6: Recovery and Support
If we win your case or reach a settlement, we ensure funds are disbursed promptly and help connect you with additional resources for your ongoing needs.
Throughout the process, you’ll have a dedicated attorney by your side, answering your questions and keeping you informed every step of the way.
Why Choose Klie Law Offices for Your Medical Malpractice Case?
Medical malpractice cases are among the most challenging in personal injury law. At Klie Law Offices, we offer the experience, resources, and compassion you need to succeed:
-
Extensive Experience: Our attorneys have handled complex medical malpractice cases across West Virginia, winning significant settlements and verdicts for our clients.
-
Access to Top Experts: We work with respected doctors, surgeons, and specialists to build the strongest possible case.
-
Personalized Attention: You’ll work directly with an attorney who takes the time to understand your situation and needs—not a paralegal or case manager.
-
Aggressive Advocacy: We stand up to hospitals, large healthcare systems, and insurance companies who try to deny responsibility or minimize your losses.
-
No Fee Unless We Win: We handle medical malpractice cases on a contingency basis, meaning you owe nothing unless we recover compensation for you.
-
Compassionate Guidance: We know how overwhelming this process can be, and we’re here to provide support and answers from start to finish.
If you or a loved one has suffered harm due to medical negligence, don’t face the aftermath alone. At Klie Law Offices, our mission is to hold negligent healthcare providers accountable and help you recover the compensation you need to move forward. We offer free, confidential consultations at offices in Buckhannon, Parkersburg, Clarksburg, and Morgantown—or online for your convenience. Let us review your case, explain your rights, and take the legal burden off your shoulders.
Office Locations
Buckhannon
21 E Main St, Suite 160
Buckhannon, WV 26201
Map and Directions ↗
Parkersburg
408 Market St
Parkersburg, WV 26101
Map and Directions ↗
Clarksburg
339 W Main St
Clarksburg, WV 26301
Map and Directions ↗
Morgantown
1300 Fort Pierpont Dr, Suite
102, Morgantown, WV 26508
Map and Directions ↗
What you can expect from our West Virginia attorneys
The first thing you’ll notice when you come to our Law Offices is that we’ll listen to your story. We want to know what you’re going through and what you need. Then, we’ll explain how West Virginia law applies to your specific situation and what your legal options are. There are no cookie-cutter answers here. We create a legal strategy tailored to each client’s individual needs.
Depending on your situation, we will find the right path forward. We are adept at resolving your legal matters through negotiation and mediation whenever possible. But we also won’t hesitate to take your case to trial if that’s what it takes to get the best possible outcome for you.
Throughout the process, you can expect honest communication and compassionate support. Our team understands that legal issues can be overwhelming, and we strive to make the process as clear and stress-free as possible. We keep you informed at every stage and are always available to answer your questions or address your concerns. You’re not just another case to us—you’re a person who deserves thoughtful guidance and dedicated advocacy.
If you’re facing a legal challenge and need someone in your corner, don’t wait to get the help you deserve. Contact Klie Law Offices today to schedule a confidential consultation and take the first step toward a solution that works for you.
CONTACT US ABOUT YOUR CASE TODAY!








