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

Related Topics:
1 Lawyer Answer
Tim Akpinar
Tim Akpinar
Answered
  • 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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.