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Medical Malpractice

Charleston Medical Malpractice Attorney

Compassionate Advocacy & Aggressive Representation

When you receive medical care, you trust that the healthcare provider will deliver high-quality care that adheres to the rigorous standards established by the medical community. While a reasonable standard of care is often provided, there are some unfortunate and tragic times in which medical professionals act negligently or make errors that lead to serious injuries.

If you or someone you love has suffered because of the negligence of a medical professional, Troy Law Firm PLLC can fight for justice on your behalf. Our Charleston medical malpractice attorney has over 25 years of legal experience to put to work for you. Mark Troy is a fierce litigator who combines legal skill with respect and understanding of each client’s situation. In addition to Charleston, our firm represents clients in Huntington as well as in Ashland and Prestonsburg, Kentucky.

Give us a call at (304) 345-1122 or contact us online to discuss your case with Attorney Mark Troy during a free consultation.

What Is Medical Malpractice?

Medical malpractice occurs when a medical professional fails to provide care and treatment with a reasonable amount of judgment and expertise. When a doctor, nurse, hospital, nursing home, or any other healthcare entity acts negligently, makes a mistake, or generally fails to meet the quality of care established by the medical profession, you may have a medical malpractice claim.

Common examples of medical negligence and malpractice include:

  • Surgical errors
  • Emergency room errors
  • Diagnosis errors
  • Treatment errors
  • Medication errors
  • Anesthesia errors
  • Birth injuries

Medical Negligence vs. Medical Malpractice

The terms medical malpractice and medical negligence are commonly used interchangeably and are often misunderstood. Medical malpractice is defined by two main principles, duty of care and intent. Duty of care is the standard of care medical providers should be giving their patient. In other words, it is the standard of care a prudent person with the same position and the same knowledge would have given in the same circumstance. If duty of care is breached it could be ground for a lawsuit. Medical malpractice, however, must also include intent. Intent can mean an intent to harm but not always. It simply means that the medical provider knew that their actions could or would cause harm to a patient.

Medical negligence is similar but does not include intent. A medical provider who did not know that their actions could or would cause harm can still be held accountable for their actions. A common example of medical negligence is leaving a medical instrument in a patient’s body after a surgery. Since this was an accident it would be medical negligence. If the doctor knowingly left behind the medical object it would be malpractice. Medical negligence is an aspect of malpractice, but negligence alone is not grounds for a medical malpractice case; you must prove that the negligence caused you harm.

The harm that you suffered may be in the form of physical injury, financial damages, or other non-economic losses. In many cases, the harm suffered by malpractice victims involves multiple types of damages. The financial cost of a serious injury can affect you and your family for years to come. Mounting medical bills, rehabilitative care, and time away from work can quickly add up. Non-economic damages include priceless things like your quality of life and future well-being.

The guidelines surrounding malpractice lawsuits vary from state to state, however in all states, proving medical negligence or malpractice can be a lengthy process that involves a full investigation by a qualified law firm. Often, if a case goes to trial, a medical expert is called to testify. Charleston medical malpractice attorney Mark Troy understands the complexities of medical malpractice law and has the skill, resources, and tenacity needed to pursue the compensation you deserve.

Contact our office today to discuss your case for free – call (304) 345-1122.


The Opinions that Matter Most
  • Striving for fair and just outcomes for any individual needing help.

    - Gary
  • Mark kept me informed regarding my cases from beginning to end and was responsive to my questions and needs.

    - Linda
  • He was able to aggressively demonstrate liability against the other party.

    - Anonymous

Why Hire Troy law Firm?

Your Recovery Depends On It
  • Aggressive, Caring Representation

    You will work directly with an attorney who is passionate about helping victims of injury to recover.

  • Customized Legal Approach for Each Client

    Attorney Mark Troy is a fierce litigator who combines legal skill with respect and understanding of each client.

  • Over 25 Years of Experience

    The firm boasts over 25 years of legal experience & access to outstanding experts across various fields.

  • Former Defense Attorney Experience

    As a former insurance defense attorney, Mark Troy possesses valuable insight into their tactics.

  • Small Firm With Big Attention

    The firm's size and overhead provides Attorney Mark Troy with the flexibility to take on cases that others don't.

  • An Attorney Directly Handles Your Case

    You will not be treated like a case file that is passed from staff to staff. An attorney will handle your case directly.

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