search icon
Call Now: 304-594-1800
Text Us
Robinette Legal Group, PLLC
Free Consultation
Call Today 304-594-1800 After Hours 304-216-6695
Related Topics

The Destruction of Patients' Rights in West Virginia

Proposed Tort Reform Measures in WV Threaten the Quality of Care for All Patients

The West Virginia State Code clearly states that the citizens of West Virginia are entitled to the best medical care and facilities available, and generally speaking, we have excellent health care in the larger cities of West Virginia including Charleston and Morgantown.

The WV Code further states that the possibility of injury or death resulting from negligence commands the protection of those served by WV health care providers is recognized as an important state interest and that our system of litigation is an essential component of that interest.  

This oversight by the state of West Virginia affords compensation to the injured through required liability insurance.

Why Representatives Should Vote No on WV Senate Bill 338

Preventable medical errors cause 400,000 deaths a year in the United States, and is now the 3rd leading cause of death in the U.S. Think about that. Juries are the conscience of the community and decide what medical care is acceptable in the community where the care happens.

The legislature is not trying to fix preventable medical errors by enacting patient safety laws. Instead, they are trying to enact laws that close the courthouse to the patients and the families that are killed or injured by preventable medical errors so that out of state insurance companies can make more money.

Do you know someone who was a victim of medical malpractice? Have you had a doctor not take you seriously or spend the time you needed? Call and email your legislator today and tell them to vote no on this bill.

Thumbnail image for medical malpractice claims in WV.jpg

The state of Florida has already enacted many of the proposed tort reform measures introduced during this legislative session in West Virginia.  A prominent Orlando Personal Injury and Medical Malpractice attorney, Tina Willis, shares insights on how this has worked out in Florida to the detriment of injured people's legal rights.

"We already have a malpractice crisis in this country -- literally 99% of cases are already rejected because of restrictive laws. This means that daughters and sons, mothers and fathers, and sisters and brothers, can be literally killed, or seriously maimed, and the vast majority will already not be able to find a lawyer.

There are similar, severe problems with all injury and even consumer areas of the law, but medical malpractice is the worst.

Unfortunately, most people believe that they will never have this problem, until they sadly do. Since this affects only a minority, Congress can pass this type of legislation without much fanfare. These are innocent tragically harmed victims who deserve compensation, which many will never receive. Only the lucky few who tick just the right boxes in their injury actually receive a fair and just recovery.

Basically ACCESS to the courts has become extremely limited, except for the most wealthy individuals.

There has been a concerted effort over decades, led primarily by insurance companies and corporations, to restrict consumer ability to file lawsuits. They are winning, big-time.

As for "frivolous" lawsuits, and the alleged increase in costs due to litigation, the Florida Supreme Court exhaustively investigated this so-called crisis, and found that there was NO evidence to support these outright and outrageous lies."

Let's not make these same mistakes in West Virginia.

No Comments

Leave a comment
Comment Information
FindLaw Network
Email Us For A Response

Download a free E-book Now!

Free Books for West Virginia Accident Victims and Their Families

  • Collision Care
  • Righting The Wrong
  • Beside Still Waters

Free Case Evaluation. Home and Hospital Visits. Find out how we can help you. Call 304-594-1800 or contact us below:

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

West Virginia Injury Law

Robinette Legal Group, PLLC
211 Everhart Dr
Morgantown, WV 26508

Map & Directions

Local: 304-594-1800
24 Hour Help: 304-216-6695