Man’s Fall Related to Medical Malpractice, Not Negligence


A man in South Charleston died just three months after falling at a MedExpress clinic. The man’s widow filed suit for negligence, but a West Virginia Supreme Court ruled that the case was actually that of medical malpractice.

According to court documents, the widow of the man filed a lawsuit in Kanawha County, claiming that the clinic had been negligent in making it’s room safe. The original suit was filed as a case of negligence because the man had not received care prior to his fall.

In a 4-to-1 decision, the Supreme Court determined that this was indeed a case of medical malpractice. The man was evaluated prior to being taken to an examination room and this, according to the justices, established medical care.

Once the couple was taken to the exam room, the man was instructed to sit on the examination table. The man attempted to step up onto the table and fell backwards into his wife. As a result, both parties fell and sustained injuries. The man died as a result of his injuries 90 days later.

While there is no cap on damages awarded in a negligence or premises liability claim, there is a cap on what can be awarded in a medical malpractice claim. How the widow will proceed with her case is unclear at this time, but as a result of the justices’ decision, a new case will have to be pursued under a medical malpractice claim rather than one for negligence.

If you have been injured by a doctor or in a doctor’s office in New York, contact our experienced medical malpractice attorneys for a free case evaluation. We will review the details of your injury and help you determine the amount of damages you may be entitled to. Call today to schedule your appointment.

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