Legal Question in Medical Malpractice in West Virginia

Re: Incompetent doctor

i have had to make some assumptions from your e mail. for example your zip code looks like a hyattsville address but your son's father was apparently treated in w va.

the doctors office (or whoever took his psa) should have followed up with him and by not doing so they were obviously negligent. HE needs to consult with a lawyer and it may have to be a w. va. lawyer. if his son is a minor you may also have the right to pursue the matter on your son's behalf but only if his injuries are fatal which appears likely.

i would be happy to discuss this matter with you further if you care to call. my name is walter laake and i am in greenbelt, md. i assure you i am a better lawyer than a typist and in fact i am currently president of the statewide maryland trial lawyers association... my telephone number is 301 220 2200..

Re: Incompetent doctor

I will reiterate what the others have said - he should consult with an attorney in the state where the malpractice occurred to determine what his legal rights are. Many states have relatively short statutes of limitations, specific procedural requirements that have to be met to bring malpractice claims, and caps on potential recovery, so it is important that the lawyer be familiar with the particular state's law. In general, he will have to have an expert witness -- another doctor -- testify that what the defendant doctor did or did not do was outside the standard of care expected of a doctor in that area/state/specialty (which standard depends on the jurisdiction), and that had the prostate cancer been diagnosed sooner, it would have (to a reasonable degree of medical certainty) been treatable.

While his first priority right now has to be the treatment of his disease, he should consult with counsel as soon as reasonably possible. Also, keep in mind that there are political efforts (particularly by Bush and his state-level allies) to make it much harder than it already is to bring medical malpractice cases, so he should act quickly, particularly if Bush wins, to prevent further erosion of his legal rights.

Re: Incompetent doctor

Your father may have a valid medical malpractice case due to failure to properly diagnose and treat the prostate condition.

Your father needs to consult an attorney immediately. Please contact my office if you wish to discuss retaining my services.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

Re: Incompetent doctor

First, I want to extend my deepest simpathy for the recent news your family has received. I am especially concerned for your son. He will require grief counselling and support to deal with the prospects that loom in the future and as far as dealing with treatment, chemo-therapy, etc. Having said that, you should know that the "C" word is no longer necessarily an automatic death sentence. More that 50% of cancer patients are cured these days. (GO to the National Cancer Institute at NIH for valuable information on these issues) The treatment is very expensive. I have personally and professionally dealt with this issue and I know the treatment can be very expensive and difficult. If I had to guess, the initial doctor who may have committed malpractice was probably a part of an HMO. In MD, the record must be reviewed by a medical expert who must certify that malpractice was committed before legal avenues can be pursued. Now, generally, there is limited time to act, so time is of the essence. I am an experience trial lawyer in this area and I have experts who can do this assessment at no cost to you. If there was malpractice, the measure of damages depends on the level of medical recovery, prognosis, pain & suffering, medical and other expenses, pain and suffering, and expected furture income losses to name a few items of damages that can be recovered. There is a "cap" on "non-economic" damages in Maryland, which is approximately $560K, and in a wrongful-death/survivor case that is multiplied by a formula (about 2.5x times). Plus there are the other "economic" damages which I listed above. There is no cap for those "economic" damages in Maryland. Before we considder the issue of damages, however, we must to obtain our expert review of the medical records and determine the liability issue. We also need to find out what the prognisis and expectations are for the future. You can call my office any time if you wish to talk or to schedule a free consultation. My phone number is (301) 279-8773. You can also go to my web site to read my newsletter on personal injury cases. I can also send you a copy if you call my office. I wish you and your son the best and will pray that your son's father makes a full recovery. Sincerely, A.P. Pishevar, Esquire