West Virginia Medical Malpractice Questions & Answers

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

2 Answers | Asked in Libel & Slander, Medical Malpractice and Personal Injury for West Virginia on
Answered on Mar 18, 2019
D. Michael Burke Esq's answer
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" doctor, who probably does a lot of work for Sedgewick. Call a local Workers' Comp attorney to see if you can reopen your W/C claim. Good luck.

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

1 Answer | Asked in Medical Malpractice for West Virginia on
Answered on Jan 23, 2018
D. Michael Burke Esq's answer
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 expensive (tens of thousands of dollars out of pocket), and--in West Virginia--require what amounts to an affidavit from another doctor stating that the first doctor committed malpractice before anyone...

Q: I asked about medical malpractice due to my left leg being broken and suffering

1 Answer | Asked in Medical Malpractice for West Virginia on
Answered on Nov 1, 2017
D. Michael Burke Esq's answer
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 to provide a sworn, written opinion that the nurse fell below the standard of care in treating you. If you believe that your treating physician negligently failed to order that you be restrained, then...

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

1 Answer | Asked in Medical Malpractice for West Virginia on
Answered on Oct 31, 2017
D. Michael Burke Esq's answer
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 establish the standard of care. Keep in mind that a doctor cannot guarantee a cure, or that a patient will come out of surgery with everything perfect. If your problems after the surgery are because...

Q: My mom was in the hospital from trying to commit suicide and then was placed under suicide watch

1 Answer | Asked in Health Care Law and Medical Malpractice for West Virginia on
Answered on Jun 26, 2017
D. Michael Burke Esq's answer
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 representative, is interested in pursuing her potential case, she should contact a local attorney who handles medical malpractice cases to see if the potential verdict in the locale would justify...

Q: Question regarding medical malpractice.

1 Answer | Asked in Medical Malpractice for West Virginia on
Answered on Jun 9, 2017
Peter N. Munsing's answer
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 Assn that hanldes medical cases--they give free cosults.

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

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Health Care Law and Medical Malpractice for West Virginia on
Answered on Feb 18, 2017
Peter N. Munsing's answer
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 shouldn' t be hard for someone to fijnd.

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

1 Answer | Asked in Personal Injury and Medical Malpractice for West Virginia on
Answered on Jan 19, 2017
Peter N. Munsing's answer
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.

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

2 Answers | Asked in Products Liability and Medical Malpractice for West Virginia on
Answered on Jan 14, 2017
Jonathan Rosenfeld's answer
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 enacted legislation that requires insurance companies to issue settlement drafts within a certain amount of time following the signature of settlement paperwork. If you have an attorney, I would suggest...

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

1 Answer | Asked in Medical Malpractice and Criminal Law for West Virginia on
Answered on Sep 2, 2016
Peter N. Munsing's answer
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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