Huntington, WV asked in Medical Malpractice for West Virginia

Q: While I was recovering, from a broken left lower leg surgery, I apparently tried to get up and was found on the floor by

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.

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1 Lawyer Answer
D. Michael Burke Esq
D. Michael Burke Esq
  • Medical Malpractice Lawyer
  • Martinsburg, WV

A: 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 used to establish the standard of care. Keep in mind that a doctor cannot guarantee a cure, or that a patient will come out of surgery with everything perfect. If your problems after the surgery are because the surgeon did something he shouldn't have--or failed to do something he should have--you could have a case against the doctor.

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