A West Virginia man is hoping the state supreme court will reinstate his lawsuit against a doctor who left a blade in his finger during a surgery more than 11 years ago. At issue is the medical malpractice statute of limitations, which in West Virginia is 10 years from the time of the incident.
The blade was left in Paul Forshey’s thumb during a surgery to relieve his carpal tunnel syndrome. It wasn’t until years later during a different procedure that the blade was discovered. Forshey’s attorney is arguing that the treatment during which the blade was discovered fell within the 10 year limit.
Medical malpractice statutes vary from state-to-state, and there are sometimes exceptions. Anytime malpractice is suspected of causing an injury, it’s best to discuss the circumstances with an attorney as soon as possible.