Court Says Man Waited too Long to Sue
Court Says Man Waited too Long to Sue Save Email Print
Posted: 3:58 PM Nov 21, 2008
 Last Updated: 3:58 PM Nov 21, 2008
 Reporter: Associated Press
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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.
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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!
Posted by: jon on Nov 22, 2008 at 10:11 AM
Christy, the scalpel tip wasn't discovered until this year. shannon, a lawyer could have gotten the records or filed something with the court to have ordered the hospital to turn over the records.
Posted by: jeremy on Nov 22, 2008 at 08:46 AM
what right do these worthless judges think they have putting times on everything. i mean they're not even smart enough to prosecute drug dealers, murderers and so on.
Posted by: dwain on Nov 21, 2008 at 08:46 PM
I went to thomas with severe adominal pain and a white blood count of 35000 I laid in there for 9 days finally the pain went away and next thing I know I am in surgery they claim my appendix did not rupture but why do i have a 13 inch scar now?//
Posted by: anonymous on Nov 21, 2008 at 08:09 PM
It is sad that we have such stupid people in the medical field that don't know what they are doing,and the patients have to pay a price with their life and health because of this! Over a period of 7 or 8 months we have heard several middle aged and younger people who need surgery say they are leaveing the state to get it done,because they were told by some higher ups,not to let certain Doctors in WV,do these surgeries. This was a shock to me and others that heard this,and scary! It makes you think about the people who are helpless and can't defend themselves and don't have the knowledge to know if medical mistakes were made on them! We think we have some GREAT Doctors in West Virginia,just not as many! I don't think their should be a limit on life time injuries to patients caused by the medical field! Some damages can't be fixed! In this case it is the medical fields fault, but not enough detail is given.
Posted by: Christy on Nov 21, 2008 at 06:49 PM
why would u want to wait 1 year less long 11 to sue a docter? If there is something they done wrong sue at the time of mishap. I hate to hear about your thumb but thank God u r not dead.
Posted by: Ty on Nov 21, 2008 at 06:00 PM
My (now ex-) wife had our son at a local hospital in 1996. She had a C-Section. The incision would not heal and smelled very bad. Finally, after 5 months of this, a drain began working it's way out of her abdomen. Apparently, the nurse ordered to remove it couldn't find it and assumed it had fallen out in the shower. SURPRISE! Had this gone on any longer, who knows what complications could have occurred. We ended up settling for payment of medical bills and $2500 for inconvenience (though it was worth much more than that). We didn't see the point in dragging it out. Thankfully, the doctor who delivered our child is no longer practicing in WV.
Posted by: Anonymous on Nov 21, 2008 at 05:47 PM
this is not right what about the people that die from these mistakes i dont think a time should be set on such as this it is'nt a ice cube knowing it is going to turn into water at any given time
Posted by: shannon on Nov 21, 2008 at 04:20 PM
i had my son at womens an childrens in charleston 9/1998 they left sponges in me which lead to a complete hysterectomy...i could never get my medical records from them and now my time ran out...its sad how the big companies always end up on top no matter how many lives they destroy.
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