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West Virginia Medical Malpractice Questions & Answers
1 Answer | Asked in Family Law, Personal Injury and Medical Malpractice for West Virginia on
Q: My sister switched my dad's Hernia mesh lawsuit to her name, I took care of him, he passed will she get it all
D. Michael Burke
D. Michael Burke
answered on Sep 2, 2024

Not in West Virginia. Your sister apparently was appointed the Administratrix (the female version of an administrator) of your father's estate, or was named the executrix of his will. Her job is to act on behalf of his estate, and as one of his beneficiaries, you are entitled to make a claim... View More

1 Answer | Asked in Medical Malpractice and Wrongful Death for West Virginia on
Q: my dad went into cardiac arrest and the doctor didn't do anything to help him he let him die

my dad ended up in er on july 28,2024 doctor told us his sodium was low an that he would make a full recovery but it was a very lengthy treatment but it was fixable and then 20 minutes later he came in to tell us that we needed to do comfort care which they never did , my dad went into cardiac... View More

Tim Akpinar
Tim Akpinar
answered on Aug 22, 2024

A West Virginia attorney could advise best, but your question remains open for three weeks. I'm very sorry for the loss of your dad. You say you are contemplating legal action - you could consider reaching out to law firms in your state to try to set up a free initial consult. A law firm would... View More

1 Answer | Asked in Health Care Law, Medical Malpractice and Personal Injury for West Virginia on
Q: Can I sue the Hospital for a misdiagnosis?

About 14 years ago I was Diagnosed with Ulcerative Colitis I went through Treatment after Treatment one after another they failed I had multiple scopes done and it was the same result as the years went my condition got worse I missed lots of school, missed holidays, sports, and time with friends... View More

Tim Akpinar
Tim Akpinar
answered on Jul 2, 2024

A West Virginia attorney could advise best, but your question remains open for a week. I'm sorry for your ordeal. Your sentiments are understandable. The best thing for you to do would be to try to arrange a consult with a med mal law firm in West Virginia. Free initial consults and... View More

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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1 Answer | Asked in Personal Injury and Medical Malpractice for West Virginia on
Q: Can I sue if I was prescribed a medicine for 3 years that is me t to take for only 5 weeks to a year? I

It's caused me a lot of problems that caused pain n damage plus has a side effect that added to a already underlining problem I already have . Even after multiple hospital trips and further test from Dr to determine new issues I was still being prescribed the medicine .after learning the... View More

Joel Gary Selik
Joel Gary Selik
answered on Jan 11, 2024

Yes this is a potential case. Malpractice is where the doctor acts against the standard of care. Another doctor would have to review and give that analysis. The extent of your harm may determine the viability of the case.

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

1 Answer | Asked in Medical Malpractice for West Virginia on
Q: I was given a medication for vomiting and i had reaction that stopped my heart I was in icu completely sedated for over

24 hours they ran test and ruled it out that the medication Compazine caused anaphylactic shock causing my heart to stop they did two rounds breaking my ribs and also now I have physical emotional and mental issues now from the injury.

Joel Gary Selik
Joel Gary Selik
answered on Jun 12, 2023

From what you state it is not clear there was malpractice. Malpractice means the doctor did something, or failed to do something, that any reasonable doctor would have done/not done. This must be evaluated by another doctor.

Consult with experienced attorneys in your state.

1 Answer | Asked in Medical Malpractice for West Virginia on
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... View More

Tim Akpinar
Tim Akpinar
answered on Jun 6, 2020

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... View More

1 Answer | Asked in Medical Malpractice for West Virginia on
Q: Can I sue a dr if he done surgery and released me with swelling and a knot telling me it would go down them had another
Tim Akpinar
Tim Akpinar
answered on Apr 29, 2020

It depends on whether you could demonstrate that the doctor breached a duty of medical care owed to you. That would be a determination that could be made by a review of your medical records. This is something to discuss with a West Virginia attorney, but your post remains open for a week. You could... View More

1 Answer | Asked in Medical Malpractice for West Virginia on
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... View More

D. Michael Burke
D. Michael Burke
answered on Feb 19, 2020

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.

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... View More

D. Michael Burke
D. Michael Burke
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... View 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... View More

D. Michael Burke
D. Michael Burke
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... View 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... View More

D. Michael Burke
D. Michael Burke
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... View 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 to start with.

D. Michael Burke
D. Michael Burke
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... View 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
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

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,... View More

Peter N. Munsing
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....
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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... 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

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
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
PREMIUM
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... View 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
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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