I have revoked their right to release my med records but this info is now in a health information system and accessible to many doctors. She said marijuana was responsible for my symptoms that started years before using marijuana. She was unaware that there are different forms and concentrations of... Read more »
answered on Mar 6, 2023
There is no limit on what doctors may or may not put in your records.
Some faculties/medical groups have procedures to addresses issues in patients' medical records.
In some states, there are methods in which you can seek a medial record change, or an addition to your medical records.
My husband fell at home on April 28. He is a Stroke patient since Dec.3,2014 it took his left side. After 3 falls that night he could not stand up or walk.My Grandson came and got him to bed and he was in so much pain I called the Ambulance at 3:15 am next morning. They took him to the hospital and... Read more »
answered on Jun 6, 2020
This is something a West Virginia should advise on, but your post remains open for three weeks. You're asking about pain and suffering. But based on your description, it's difficult to identify a strong basis for a suit. If you're contemplating damages related to the roughly one-day... Read more »
answered on Apr 29, 2020
It depends on whether you could demonstrate that the doctor breached a duty of medical care owed to you. That would be a determination that could be made by a review of your medical records. This is something to discuss with a West Virginia attorney, but your post remains open for a week. You could... Read more »
The plaintiff filed a medical malpractice claim against defendant (Doctor). Defendant filed a motion for dismissal based on certificate of merit and timeliness of the claim particularly in one instance of the complaint. However, Plaintiff filed a theory of liability instead as the violation of... Read more »
answered on Feb 19, 2020
No. None of those errors, individually or collectively, is enough to justify a summary judgement. In West Virginia, the law favors the resolution of legal disputes on the merits, not on technicalities.
This is something you should be discussing with your attorney.
I was injured 7/3/1992. I am old WV Worker's Comp Law. I have permeant disability. Sedgwick CMS with held treatment for two years. I now have stage 4 spinal canal stenosis. In addition they had a independent doctor make a liabile statement that there was no reason I could not return to work. I... Read more »
answered on Mar 18, 2019
I do not believe that you can sue Sedgewick for anything. Your remedy was to appeal the decision in your Workers' Compensation claim. If you did not have an attorney in your Workers' Comp claim, you should have. He could have obtained a report from your doctor, and cross-examined the... Read more »
Ive been on levothyroxine since I was around 19, I Am Now 33. few months ago my doctor refused to refill my prescription until I came in. I went in so they could take my thyroid levels. Everything was normal so she refused to refill my medicine.Completely Stopped Cold Turkey.The medicine was still... Read more »
answered on Jan 23, 2018
If we assume (and it's a big assumption) that the doctor fell below the accepted standard of care when he took you off your medication, a jury where I practice would not award you enough to make your case worth the time and expense it would take to pursue it. Medical malpractice cases are... Read more »
I'm wondering if the hospital or staff is responsible for allowing the fall to happen. I was an RN before I retired and I can't imagine leaving someone unattended while they are loopy from anesthesia and trying to get out of bed!
My partner says they finally put restraints on me... Read more »
answered on Nov 1, 2017
If you are the person who asked a similar question yesterday, the answer I gave to that question still largely applies. Whether you have a case or not is more of a medical issue than a legal issue at this point. If it was a nurse whom you believe was negligent, then your attorney must hire a nurse... Read more »
staff and taken back to surgery since I rebroke my leg on the fall
The doctor couldn't repair it as well as he did the first time
Now I have one leg shorter than the other. I was at a rehab hospital for around 5 mo.. Oh theres more to it than
this, but that's the basics to start with.
answered on Oct 31, 2017
To successfully recover from a doctor, you must prove that the doctor was negligent. In other words, the doctor's level of care fell below the standard required of a doctor with similar qualifications facing the same medical situation as the doctor you want to sue. Medical testimony must be... Read more »
While being in suicide watch she was able to leave her room barracade herself and hang herself she died but the hospital was able to revive her can I sue and win the case for the hospital's negligence to even let it happen in the first place
answered on Jun 26, 2017
No, you cannot sue for anything. If there is a case, it is your mother's case. The hospital may be negligent, but the damages your mother suffered may not justify spending the substantial money and investing the time it takes to prosecute a medical negligence case. If your mother, or her... Read more »
Q: I actually have two questions. My father passed away in Sept 2016, until now the subject was too sensitive to speak of.
Recently I've began to think about a couple of things. When my father was in the hospital a couple weeks before he passed away the hospital lost his hearing aids,... Read more »
answered on Jun 9, 2017
Unlikely you do but the estate may. As to the hearing aid issue, I don't see legal liability (which is different from moral responsibility). If the family didn't see it should the hospital? If the family saw it they could have replaced it?
Why not contact a member of the W.Va.... Read more »
I am a patient that is being treated for opioid dependency. I am worried about this bill that may become law. I have a documented allergy on file to suboxone so I am treated with mono buprenorphine. This law would make it illegal for a doctor to write it to me. I didnt know what law practice area... Read more »
answered on Feb 18, 2017
You need to speak with the group that is lobbying against it. Who those are I wouldn't know. Look at newpaper articles on it--it will usually say "......however, Billie Joe McAlister, spokesperson for Not So Fast, a group of opiod treatment professionals said that......." With the... Read more »
He had surgery to remove the tumor yesterday. It has spread to his jaw and now requires a longer and more risky surgery. He's 81 years old
answered on Jan 19, 2017
A lawyer would need to see the records but it certainly would warrant being looked at. I suggest your dad contact a member of the W.Va.Assn for Justice that handles medical carelessness cases--they give free consultations.
All the bet to your dad.
answered on Jan 14, 2017
The length of time to actually get possession of a settlement check can depend on a number of factors including, but not limited to: parties contributing to settlement, if Medicare is involved, if a court needs to approve settlement and satisfaction of any medical lien holders. Some states have... Read more »
My friend is a Dr. He had an affair with a patient who I believed targeted him because she has a history of sleeping with Dr's for pain meds while blackmailing them.
answered on Sep 2, 2016
If it isn't the state that got it that way, don't see why not. The law only deals with admissabiltiy of evidence that the state gained through improper activities. If a burglar gets documents and turns them over to the government--let's say a hacker gets emails--those emails can be used as evidence.
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