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West Virginia Medical Malpractice Questions & Answers

2 Answers | Asked in Libel & Slander, Medical Malpractice and Personal Injury for West Virginia on

Q: I am trying to find a lawyer who will bring a malpractice case and a liable case against Sedgwick CMS

I was injured 7/3/1992. I am old WV Worker's Comp Law. I have permeant disability. Sedgwick CMS with held treatment for two years. I now have stage 4 spinal canal stenosis. In addition they had a independent doctor make a liabile statement that there was no reason I could not return to work. I have... Read more »

D. Michael Burke Esq answered on Mar 18, 2019

I do not believe that you can sue Sedgewick for anything. Your remedy was to appeal the decision in your Workers' Compensation claim. If you did not have an attorney in your Workers' Comp claim, you should have. He could have obtained a report from your doctor, and cross-examined the "independent"... Read more »

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1 Answer | Asked in Medical Malpractice for West Virginia on

Q: Ive been on levothyroxine since I was around 19, I Am Now 33. few months ago my doctor refused to refill my prescription

Ive been on levothyroxine since I was around 19, I Am Now 33. few months ago my doctor refused to refill my prescription until I came in. I went in so they could take my thyroid levels. Everything was normal so she refused to refill my medicine.Completely Stopped Cold Turkey.The medicine was still... Read more »

D. Michael Burke Esq answered on Jan 23, 2018

If we assume (and it's a big assumption) that the doctor fell below the accepted standard of care when he took you off your medication, a jury where I practice would not award you enough to make your case worth the time and expense it would take to pursue it. Medical malpractice cases are very... Read more »

1 Answer | Asked in Medical Malpractice for West Virginia on

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... Read more »

D. Michael Burke Esq answered on Nov 1, 2017

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... Read more »

1 Answer | Asked in Medical Malpractice for West Virginia on

Q: While I was recovering, from a broken left lower leg surgery, I apparently tried to get up and was found on the floor by

staff and taken back to surgery since I rebroke my leg on the fall

The doctor couldn't repair it as well as he did the first time

Now I have one leg shorter than the other. I was at a rehab hospital for around 5 mo.. Oh theres more to it than

this, but that's the basics... Read more »

D. Michael Burke Esq answered on Oct 31, 2017

To successfully recover from a doctor, you must prove that the doctor was negligent. In other words, the doctor's level of care fell below the standard required of a doctor with similar qualifications facing the same medical situation as the doctor you want to sue. Medical testimony must be used to... Read more »

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 Esq 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 qualified... Read more »

1 Answer | Asked in Medical Malpractice for West Virginia on

Q: Question regarding medical malpractice.

Q: I actually have two questions. My father passed away in Sept 2016, until now the subject was too sensitive to speak of.

Recently I've began to think about a couple of things. When my father was in the hospital a couple weeks before he passed away the hospital lost his hearing aids, so... Read more »

Peter N. Munsing answered on Jun 9, 2017

Unlikely you do but the estate may. As to the hearing aid issue, I don't see legal liability (which is different from moral responsibility). If the family didn't see it should the hospital? If the family saw it they could have replaced it?

Why not contact a member of the W.Va. Trial Lawyers...
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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... Read more »

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 internet... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for West Virginia on

Q: My dad has cancer from a tumor in his cheek that his Dr told him was probably nothing last year. Can we sue?

He had surgery to remove the tumor yesterday. It has spread to his jaw and now requires a longer and more risky surgery. He's 81 years old

Peter N. Munsing answered on Jan 19, 2017

A lawyer would need to see the records but it certainly would warrant being looked at. I suggest your dad contact a member of the W.Va.Assn for Justice that handles medical carelessness cases--they give free consultations.

All the bet to your dad.

2 Answers | Asked in Products Liability and Medical Malpractice for West Virginia on

Q: How long after the settlement does a person get the papers to sign for the settlement check?

Jonathan Rosenfeld answered on Jan 14, 2017

The length of time to actually get possession of a settlement check can depend on a number of factors including, but not limited to: parties contributing to settlement, if Medicare is involved, if a court needs to approve settlement and satisfaction of any medical lien holders. Some states have... Read more »

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1 Answer | Asked in Medical Malpractice and Criminal Law for West Virginia on

Q: Can evidence gained through blackmail be used in court to prosecute the other person

My friend is a Dr. He had an affair with a patient who I believed targeted him because she has a history of sleeping with Dr's for pain meds while blackmailing them.

Peter N. Munsing answered on Sep 2, 2016

If it isn't the state that got it that way, don't see why not. The law only deals with admissabiltiy of evidence that the state gained through improper activities. If a burglar gets documents and turns them over to the government--let's say a hacker gets emails--those emails can be used as evidence.

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