Martin, McDaniel obtain defense verdict in medical professional liability case


On December 12, 2022, attorneys Ted Martin and Shereen McDaniel obtained a defense verdict in a medical professional liability case in the Circuit Court of Harrison County, West Virginia. Plaintiffs (husband and wife) alleged that a diagnostic radiologist deviated from the standard of care in the work-up of a palpable breast mass, which delayed the diagnosis of breast cancer. Plaintiffs sought damages for past medical expenses and the maximum amount of noneconomic damages recoverable under the West Virginia Medical Professional Liability Act. Following a six-day trial, the jury rejected plaintiffs’ claim and found that the radiologist acted within the standard of care, returning a unanimous verdict in favor of the diagnostic radiologist.

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