
West Virginia Medical Malpractice Attorneys
Advocating for Justice for Victims of Medical Negligence in West Virginia
At McHugh Fuller Law Group, you are more than just a client–you are someone we are dedicated to protecting in your time of need. Every day, we trust medical professionals to provide care that safeguards our health and well-being. Unfortunately, this trust is sometimes broken, leading to devastating consequences for patients and their families. Medical errors are one of the leading causes of death in the United States, and West Virginia is no exception.
If you or a loved one has suffered due to medical malpractice, you don’t have to face the aftermath alone. McHugh Fuller Law Group has the expertise, resources, and dedication needed to fight for justice on your behalf. With a proven history of achieving significant verdicts, our seasoned West Virginia medical malpractice attorneys are prepared to help you hold negligent medical providers accountable and secure the compensation you deserve.
Contact us today at (601) 255-0240 for a free consultation, and take the first step toward justice.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital, fails to meet the standard of care established within the medical community. This negligence can directly harm a patient, resulting in injury, illness, or even death.
The “standard of care” refers to the level of skill and attention that a reasonably competent professional in the same field would provide under comparable circumstances. If a medical professional deviates from this standard, their actions could constitute malpractice.
Common Types of Medical Malpractice
At McHugh Fuller Law Group, we represent clients across West Virginia in a wide range of medical malpractice claims, including but not limited to:
- Failure to Diagnose or Delayed Diagnosis: When a doctor misses a timely diagnosis for conditions such as cancer, heart attacks, or strokes, the consequences can be life-altering.
- Birth Injuries: Medical errors during childbirth, like improper use of forceps or failure to monitor fetal distress, can lead to serious injuries for both mothers and babies.
- Anesthesia Errors: Administering too much or too little anesthesia, or failing to monitor complications, can result in serious injury or death.
- Emergency Room Errors: Mistakes in high-stress ER environments, including misdiagnoses or improper treatments, can cause patients significant harm.
- Hospital-Acquired Infections: Poor sanitation and failure to follow protocols can lead to infections like MRSA or sepsis, putting patients at serious risk.
If any of these situations have caused harm to you or your loved one, a dedicated West Virginia medical malpractice attorney at McHugh Fuller Law Group is ready to help.
How to Prove Medical Malpractice
Medical malpractice cases can be complex and generally require thorough evidence and legal expertise. To prove your claim, you must establish four key elements:
- Duty of Care: The healthcare provider or facility had a professional obligation to provide proper care.
- Breach of Duty: They failed to meet the standard of care, either through action or omission.
- Causation: This failure was the direct cause of your injury or harm.
- Damages: You suffered measurable harm, such as medical bills, lost income, or pain and suffering, as a result of the breach.
The Role of Medical Experts
Medical experts are critical in proving malpractice. They can evaluate your healthcare provider’s actions and testify as to whether they deviated from the standard of care. Their expertise strengthens your claim, ensuring you present a compelling case against negligent parties.
Our attorneys at McHugh Fuller Law Group understand West Virginia’s medical malpractice laws and have access to an extensive network of medical professionals to provide the expert testimony needed to succeed in your case.
How Medical Malpractice Affects Victims
The emotional, physical, and financial toll of medical malpractice can be overwhelming. Victims often face a mix of physical pain and ongoing medical treatments, as well as financial strain caused by escalating medical bills and lost income. Additionally, many patients and families endure emotional suffering, such as anxiety, depression, and loss of trust in the healthcare system.
Taking legal action offers victims more than just compensation–it is also a way to hold negligent providers accountable, discouraging similar mistakes in the future. Hiring an experienced attorney can provide the support you need to pursue justice and secure the financial resources necessary to move forward with your life.
Why Choose McHugh Fuller Law Group?
At McHugh Fuller Law Group, our commitment to providing exceptional legal representation is what sets us apart. We fiercely advocate for our clients, utilizing our extensive experience and vast professional resources to pursue maximum compensation.
Here’s why West Virginians trust McHugh Fuller Law Group with their medical malpractice claims:
- Proven Success: We have recovered millions of dollars for injured clients, building a reputation for achieving impactful case results.
- Trial-Prepared Attorneys: Our team is ready to take your case to trial if needed, giving us the leverage needed to negotiate fair settlements.
- Extensive Network: From connecting with credible medical experts to unearthing critical evidence, we have the tools to build a strong case.
- Personalized Counsel: We understand that every client’s situation is unique. You can trust us to provide compassionate, one-on-one guidance every step of the way.
- No Fees Unless You Win: We work on a contingency basis, so you owe us nothing unless we secure compensation for you.
Contact Our West Virginia Medical Malpractice Attorneys
Don’t wait to seek justice if you or a loved one has been harmed by medical malpractice in West Virginia. The law limits the amount of time you have to file a claim, so it’s important to act quickly.
At McHugh Fuller Law Group, we’re here to fight for you. During a no-obligation conversation, we’ll explain your legal rights, review the details of your case, and outline the steps toward obtaining the compensation you deserve.
When your health and future are at stake, trust McHugh Fuller Law Group. Together, we’ll fight to rebuild your life and hold negligent medical providers accountable.
Call (601) 255-0240 today to schedule your free consultation. Reach out now–justice starts here.


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We fight for the rights of those who cannot fight for themselves. Let us help you.


meet your advocates.
Founding attorneys Jim McHugh and Mike Fuller have gone up against hospitals, corporations, and national defense firms - and won. Their work has led to millions recovered and real accountability.
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How Long Do I Have to File a Nursing Home Abuse Lawsuit in West Virginia?
The statute of limitations for filing a nursing home abuse lawsuit in West Virginia is generally two years from the date of the injury or the date the abuse was discovered. Missing this deadline can result in the loss of eligibility to seek compensation, making it crucial to secure experienced representation as soon as possible.
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Can I File a Nursing Home Abuse Claim on Behalf of a Loved One Who Passed Away?
If your loved one passed away after nursing home abuse, your family may be entitled to compensation in a wrongful death lawsuit. Our attorneys have a deep understanding of wrongful death claims to aggressively pursue compensation for funeral costs, burial expenses, lost wages and benefits, loss of consortium, and other losses while you focus on honoring your loved one’s life and legacy.
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What Should I Do if I Suspect My Loved One Is Being Abused in a Nursing Home?
If you suspect nursing home abuse, taking swift action is imperative to protecting your loved one’s health and safety. Here are some important steps to take:
- Ensure your loved one’s safety. If your loved one is in immediate danger, it’s important to relocate them to a safe environment as soon as possible.
- Document everything. Keep detailed records of the abuse or neglect, such as photos of injuries, medical records, and any physical, behavioral, or personality changes.
- Report the abuse to the state. File a report with OHFLAC by calling 1-800-442-2888 or submitting an online complaint.
- Consult a nursing home abuse lawyer. A qualified attorney can investigate your case, gather evidence, and identify all potential avenues for financial recovery.
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How Long Do I Have to File a Medical Malpractice Lawsuit in West Virginia?
In West Virginia, the statute of limitations for medical malpractice claims is generally two years from the date of the injury. However, certain exceptions may apply in select cases. Seeking sound counsel is essential to file your claim within the appropriate deadline and maintain eligibility for damages. Our lawyers can help you navigate the legal process with care and efficiency while safeguarding your rights at every turn.
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What Is a Product Liability Claim?
A product liability lawsuit allows plaintiffs to seek justice from negligent companies, manufacturers, sellers, distributors, and other entities responsible for ensuring products are safe for use. If you were harmed by a defective or dangerous product due to a design defect, manufacturing error, or inadequate warnings, you may be entitled to compensation in a product liability claim. Our lawyers have proven experience in all types of product liability claims to give your case the time and personalized attention it deserves.
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What Is a Personal Injury Claim?
While accidents are inevitable, those resulting from negligence can lead to personal injury lawsuits. A personal injury claim allows plaintiffs to seek compensation following wrongful injuries, such as a car accident caused by a reckless driver or a slip-and-fall injury on unsafe premises.
However, merely suffering a wrongful injury isn’t sufficient to collect compensation. Working with a reputable injury law firm is paramount to identifying negligent parties, establishing liability, and recovering the fair settlement you deserve. Our attorneys have proven experience in these cases to help you meet the burden of proof in your claim.
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Can I File a Personal Injury Claim if I Was Partially at Fault for the Accident?
West Virginia follows the modified comparative negligence rule, meaning that victims can seek compensation in a personal injury claim even if they are partially at fault for the accident. However, this only applies if your share of the fault is 50% or less. Plaintiffs who are more than 50% at fault are ineligible to recover damages.
If you are partially liable, any compensation awarded will be reduced by your percentage of liability. For example, if you are 20% at fault for an accident totaling $50,000 in damages, you may only be entitled to $40,000 ($10,000 or 20% less than the original value). Working with a knowledgeable injury lawyer is crucial to calculating the full extent of damages and identifying every avenue for financial recovery.

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Because your loved ones deserve the best
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Proven Track Record
Thousands of cases tried and litigated, hundreds of cases valued over $1 Million
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Over $100 Million in Combined Verdicts
Lawyers with over $100 Million in combined verdicts
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Trial Lawyers Here to Help
Decades of combined experience taking cases all the way to trial, if necessary
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$150,000 Catastrophic Injury
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$600,000 Nursing Home Abuse

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