Medical Malpractice Reform Law Heard by West Virginia Supreme Court

Beth Janicek
Attorney
(866) 735-1102 Ext 395
Posted by Beth JanicekJune 16, 2007 5:07 PM

On June 6, 2007, West Virginia's Supreme Court has agreed to hear a case that could challenge the constitutionality of medical malpractice reform law.

The malpractice case was brought by Mason County Dr. Danny R. Westmoreland against Point Pleasant urologist Shrikant K. Vaidya.

The suit was dismissed in October, 2006 when the judge ruled that Plaintiff failed to follow the requirements of the Medical and Professional Liability Act of 2003 in filing a certificate of merit. In both of his original suit and appeal, Plaintiff Westmoreland stated that the 14 urologists he consulted with 10 declined to sign the certificate and the remaining two wanted a fee of $40,000.

According to the facts in the lawsuit, in June 2003 Dr. Vaidya treated Dr. Westmoreland for removal of a stent from his urterer. During the procedure Dr. Westmoreland maintains he experienced pain and repeatedly told Dr. Vaidya to stop. Dr. Westmoreland also claims the procedure took 15-20 minutes when it should have only taken 15 seconds. Dr. Westmoreland alleges he has developed a variety of aliments including Peyronie's Disease because of Dr. Vaidya.


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Dr. Danny Westmoreland
Posted by Dr. Danny Westmoreland
June 18, 2007 8:46 PM

There is a lot more involved than what the news is putting out to people. For instance my first remedy was trying to get the board of medicine to act on what Dr. Vaidya did. I informed them of the restraining and refusal to stop when ordered then he wrote to the board and statd I came into his office and inserted an IV into myself and claimed I was a regular IV user and then he did the procedure unevenful. That is public record. In itself is so outrageous and when I attempted to explain to the board that though a lie that his response would have been a criminal event. And his notes just stated uneventful. The board did nothing, they need to answer but there is no where to get that satisfaction. I then found 19 other men he had done this to. 5 sent letters to the board from my office, certified and the board denied the complaints existed. Having been the victim of a bad doctor and being a doctor I can easily tell the powers to be how to fix the problem and protect both but I have no forum. I wish this had never happened and all that was demanded was the exact cost of the medical treatment for the problem he made in the beginning and the arrogance of one attorney and a Judge who orders mediation for 2 weeks then less than 18 hours later enters a dismissal out of the blue. This is after the Judge 6 months earlier had acknowledged my stance and research. There is a simple fix and that is my main message for this response.

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