Huntington, WV asked in Medical Malpractice for West Virginia

Q: I asked about medical malpractice due to my left leg being broken and suffering

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 after the second surgery when he complained about me trying to get out of bed. Now I have broken my left femur and part of my hip due to the loss of balance from my first injury, last year. None of this would have happened if CHH would have kept an eye on me after surgery

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

A: 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 to provide a sworn, written opinion that the nurse fell below the standard of care in treating you. If you believe that your treating physician negligently failed to order that you be restrained, then you will need medical testimony that the doctor breached the standard of care. If you would like to discuss your options, I suggest that you call Attorney Paul Farrell in Huntington. Paul is an excellent attorney. His phone number is 304-525-9115.

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