Lithia, FL asked in Medical Malpractice for West Virginia

Q: Medical malpractice

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 standard of medical care is so apparent as to be comprehensible to the average person, that no expert testimony is required. Furthermore, the defendant incorrectly spelled the plaintiff name wrong throughout the dismissal and even added different names in the letter to the court. errors similar to that of Steve to Steven and Smith to Smyth. What can plaintiff do in this instance and can a summary of judgement be given in favor of the plaintiff for these errors. Also, keep in mind that these errors may cause a delay in the case as they do not name the correct party.

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

A: 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.

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