West Virginia Medical Malpractice Decision Reversed By State Supreme Court

by James Lewis

JIm is a Virginia injury attorney who handles car accidents, medical malpractice, FELA, wrongful death, etc.

11/21/2008
James Lewis
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West Virginia Medical Malpractice Decision Reversed By State Supreme Court

In 1999, Jeanne Cartwright brought her daughter to Cabell Huntington Hospital in West Virginia, complaining that her four-year-old daughter suffered from weakness in her lower body and incontinence. Pediatrician neurological consultant Dr. Carl McComas suspected diagnosed the girl with Gullain-Barre Syndrome and did not order an MRI.

A full month later, the disorder was ruled out and a December MRI reveal that a “vascular abnormality was compressing on Tiffany’s spinal cord and causing paralysis,” according to HuntingtonNews.net.

Although the girl underwent surgery, she remains paralyzed and incontinent and will be so for the rest of her life. Experts testified that had the disease been diagnosed earlier, she may have had a full recovery.

When the case first went to court, Cabell County Judge David Pancake ruled that the plaintiff’s action against Cabell-Huntington was barred by the statute of limitations. The case was brought to the West Virginia Supreme Court, where five justices agreed that the West Virginia Legislature “expressly and unambiguously says that the medical malpractice rules for children under ten are different: action “shall be commenced within two years of the date of injury, or prior to the minor’s twelfth birthday, whichever provides the longer period.”

Category: Medical Malpractice/Doctor Mistakes

Labels: paralysis medical malpractice lawyer west virginia medical error legal help west virginia medical malpractice west virginia medical malpractice, paralysis medical malpractice lawyer, west virginia medical error legal help

About the Editors: Shapiro, Lewis & Appleton is a Virginia injury law firm whose attorneys focus on personal injury and accident law and have extensive experience handling medical malpractice and doctor mistake cases. Please take a few moments to review our medical malpractice case results. We have offices in Virginia Beach and Hampton, VA, but we're ready to come to you anywhere in Virginia, including Norfolk, Portsmouth, Chesapeake, Newport News and Suffolk, VA, if you've been seriously hurt by the carelessness of a doctor, surgeon, nurse or pharmacist.

Rick Shapiro and James Lewis have been recognized as among the Best Lawyers in America since 2008. Also, Rick and Jim have been named Virginia Super Lawyers for Personal Injury Law since 2010. Fewer than 5 percent of lawyers are chosen for this professional honor.

Members of our VA personal injury law firm have also been selected by the National Million Dollar Advocates Forum since 2009. In addition, we were the first injury law firm in Virginia to join Primerus, a select group of highly ethical and respected law firms. Our VA medical malpractice firm has the highest rating of AV from Martindale-Hubbell, a national lawyer ranking organization, which means we have a reputation for preeminent legal skill.

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West Virginia Medical Malpractice Decision Reversed By State Supreme Court

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