Curry & Tolliver, PLLC FAQ - I Think "Medical Malpractice" Has Occurred, How Do I Know For Sure?
Has Medical Malpractice Occurred? That's a question best answered by a professional doctor and attorney. Find out if you have a good case now, because there are several reasons why your valid claim may run out:
Statute of limitations. You may have a valid claim, but if you wait too long, the claim is lost even if it is valid. The general rule is that the claim must be filed within two years after the malpractice, or two years after you reasonably should have known there was malpractice. However, there are a number of tricky exceptions, so do not give up just because two years may have passed already. As a general rule, delay helps the other side more than it helps you.
Lawyers vs. Self-Evaluation of case. You can generally forget about evaluating the claim yourself, or trying to "work it out" with the doctor or clinic or hospital. Usually, the "real" decision-maker is the doctor's insurance carrier (if your doctor is even insured, some are not), and the doctor's attorney. These people are not paid to help you, or to be candid with you. They are paid to defeat your claim. You need an experienced professional to help you evaluate your claim. Without an attorney, the doctor's attorney and insurance company usually will not take you seriously.
If you were harmed while under the care of a medical professional or hospital, you may be entitled to compensation and rehabilitative medical treatment. Only a doctor can truly know if the standard of care you deserved was the standard of care you received.
If you want to know if “you have a good case”, we will give you some basis information about your possible claim, at no charge and no obligation to you.
If you are looking for a lawyer to handle your medical malpractice case, our firm handles cases throughout West Virginia, and surrounding states on a “no recovery — no fee” basis.
Law Firm Profile
Jack Tolliver, M.D., J.D.Arden J. Curry
Arden J. Curry, II
James M. Sturgeon, Jr.
Thomas H. Vanderford, IV
David K. Schwirian
Susan Curry Brasselle
Elizabeth Ashley Summitt
Cindy Sloan, R.N.
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* This medical malpractice website is intended to provide general information to consumers and lawyers about West Virginia medical malpractice issues. It is not intended to be a substitute for obtaining legal advice from a qualified lawyer about your specific situation.