West Virginia Record

Monday, July 15, 2019

Plaintiff says law firm served wrong parties in med mal case

By Justin Anderson | Apr 8, 2009

CHARLESTON – A Raleigh County plaintiff says a Charleston law firm served notice on the wrong entities in a medical malpractice case, causing the claim to be thrown out by a judge.

Sada Martin filed the lawsuit March 24 in Kanawha Circuit Court against John R. Mitchell Sr. and John R. Mitchell Associates.

Martin claims she hired the firm in 2008 to represent her in a medical malpractice claim. Martin says an act of malpractice on 2006 left her a quadriplegic.

On June 14, 2008, just days before the statute of limitations on the claim was about to run out, Martin says the law firm served notice of the claim on the wrong parties.

The complaint says the firm did not realize the error until the parties informed them of the error. In August 2008, the firm served the right defendants, the complaint says.

But Kanawha Circuit Judge Tod Kaufman dismissed the case with prejudice because it had been more than two years since the alleged act of malpractice.

Martin is seeking compensatory and punitive damages.

Richard D. Lindsay is representing the plaintiff. The case is before Kanawha Circuit Judge Paul Zakaib.

Kanawha Circuit Court case number: 09-C-511

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