Court Rules Thumbs Down on Malpractice Suit in West Virginia

November 26, 2008

The West Virginia Supreme Court says a man who found a piece of scalpel in his thumb can’t press his claim because he waited too long to file his lawsuit.

In a 4-1 ruling, the high court said Paul and Melissa Forshey missed the deadline to file a medical malpractice lawsuit by one year.

Medical malpractice lawsuits can be filed up to 10 years after the date of the injury. The Forsheys filed their lawsuit 11 years after Paul Forshey underwent surgery in July 1995 for carpal tunnel syndrome.

In their ruling, the justices upheld a Kanawha County Circuit Court ruling that dismissed the Forsheys’ lawsuit.

Justice Larry Starcher cast the lone dissenting vote.


Information from: Charleston Daily Mail,

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