Asked in Medical Malpractice for West Virginia

Q: Do I have a suit for pain and suffering and what should I ask for?.

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 they did not x-ray his hip which was where the pain was. I called them before he was picked up and told them that he was coming and that he also has 5 stage Demencia. They did not call me until 6:30 and said I could pick him up and I asked them if he could walk and they said no. He was brought home by a wheelchair van. Next day took by ambulance to another hospital and I talked to them ahead of time also about the fall and his stroke and demencia.They called me about an hour later and said his left hip was fractured and they were scheduling surgery for that day. whats fair for pain and suffering

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Medical Malpractice Lawyer
  • Little Neck, NY

A: 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 time period during which proper diagnosis of a hip fracture was not timely made, that appears to be a difficult basis for a case. Contact a West Virginia med mal attorney to see if you could arrange a free consult - ask them for their take on the matter.

Tim Akpinar

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