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West Virginia Health Care Law Questions & Answers
1 Answer | Asked in Personal Injury, Civil Litigation, Health Care Law and Medical Malpractice for West Virginia on
Q: If I have malpractice claim should I do ot before disability

Near bankruptcy

Tim Akpinar
Tim Akpinar
answered on Dec 5, 2023

A West Virginia attorney could advise best, but your question remains open for two weeks. This is actually something that your own attorney(s), if you have them for the malpractice, disability, and bankruptcy actions, should answer, as it could go to the issue of their approach and strategy. This... View More

2 Answers | Asked in Business Law and Health Care Law for West Virginia on
Q: Doctors office is trying to enforce a 3 strike policy with missing appointments

Doctors office is trying to enforce a 3 strike policy with missing appointments where you will not be allowed to speak treatment there. Just tried to reschedule my appointment because after driving around for 20 minutes in 3 different parking lots including a garage there were not spots a... View More

Matthew Stapleton
Matthew Stapleton
answered on May 23, 2023

Physicians have the right to end the Patient Physician relationship. The only time there me be a legal issue is for patient abandonment where a patient must prove that the physician ended the relationship at a critical stage in the patient’s treatment without good reason or sufficient notice to... View More

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2 Answers | Asked in Medical Malpractice and Health Care Law for West Virginia on
Q: Can a dr add marijuana user to your chart when you have liscense and state does not require informing docs?

I have revoked their right to release my med records but this info is now in a health information system and accessible to many doctors. She said marijuana was responsible for my symptoms that started years before using marijuana. She was unaware that there are different forms and concentrations of... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 6, 2023

There is no limit on what doctors may or may not put in your records.

Some faculties/medical groups have procedures to addresses issues in patients' medical records.

In some states, there are methods in which you can seek a medial record change, or an addition to your medical records.

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2 Answers | Asked in Personal Injury, Civil Rights, Elder Law and Health Care Law for West Virginia on
Q: Can I ask for proof of documents of someones role of being appointed power of attorney?

How should someone go about asking for this or even a living will?

Tim Akpinar
Tim Akpinar
answered on Aug 1, 2022

A West Virginia attorney could advise best, but your question remains open for three weeks. As a general practice nationwide, in most instances it's simply a matter of asking to see them. I have not had experience with them in settings involving living wills, but in general litigation, I ask... View More

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1 Answer | Asked in Health Care Law and Medical Malpractice for West Virginia on
Q: My mom was in the hospital from trying to commit suicide and then was placed under suicide watch

While being in suicide watch she was able to leave her room barracade herself and hang herself she died but the hospital was able to revive her can I sue and win the case for the hospital's negligence to even let it happen in the first place

D. Michael Burke
D. Michael Burke
answered on Jun 26, 2017

No, you cannot sue for anything. If there is a case, it is your mother's case. The hospital may be negligent, but the damages your mother suffered may not justify spending the substantial money and investing the time it takes to prosecute a medical negligence case. If your mother, or her... View More

Q: Hello , I am asking about the Virginia HB 2163, is it legal to take away someones right for a medication?

I am a patient that is being treated for opioid dependency. I am worried about this bill that may become law. I have a documented allergy on file to suboxone so I am treated with mono buprenorphine. This law would make it illegal for a doctor to write it to me. I didnt know what law practice area... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 18, 2017

You need to speak with the group that is lobbying against it. Who those are I wouldn't know. Look at newpaper articles on it--it will usually say "......however, Billie Joe McAlister, spokesperson for Not So Fast, a group of opiod treatment professionals said that......." With the... View More

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