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Posted: 3:58 PM Nov 21, 2008
Court Says Man Waited too Long to Sue
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.
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CHARLESTON, W.Va. (AP) - 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.
Latest Comments
Posted by: Debbie
on Nov 24, 2008 at 09:21 AM
I thought it was 10 years from the time you knew it was malpractice. I don't think he knew about it right away, and from what I've heard, the doctor discovered it and didn't inform him, and that comes from a VERY reliable source.
Posted by: dewey
on Nov 22, 2008 at 11:08 PM
I don't understand waiting 11 years on the problem but to me it's a crime the dr. should be arrested for mal. wounding. what did yopu say his name was, butcher what???
Posted by: ed
on Nov 22, 2008 at 10:59 AM
The time limit should start from when he found out he was injured,not eleven years ago.He didnt know he was hurt at the time in question.Also the WV Surpreme Court has doctors and lawyers on it.Go figure how they would vote!
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