Darla A. Mushet

Darla A. Mushet

Darla A. Mushet brings an extensive background in the healthcare industry to her litigation practice at Burns White, where she focuses in medical malpractice defense and healthcare risk management. A licensed registered nurse in West Virginia and formerly licensed in Pennsylvania, Ms. Mushet has worked as a staff nurse with the University of Pittsburgh Medical Center, the Wheeling Dialysis Center and the Wheeling Hospital, and also as a home dialysis coordinator at the Wheeling Dialysis Center. She practiced as a legal nurse consultant, focusing on medical malpractice, prior to obtaining her law degree.

Ms. Mushet obtained her Juris Doctor in 2004 from the West Virginia University College of Law in Morgantown, West Virginia, and her Bachelor of Science degree in Nursing from Wheeling Jesuit University in 1997, when she was also inducted into the Wheeling Jesuit University Nursing Honor Society.

A native of Wellsburg, West Virginia, Ms. Mushet is an active member of the West Virginia State Bar.

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Areas of Law

  • Litigation
  • Medical Malpractice
  • Long-Term Care Litigation
  • Healthcare Risk Management


  • West Virginia University College of Law (J.D., 2004)
  • Wheeling Jesuit University (BSN, 1997)

Bar and Court Admissions

  • West Virginia


  • American Bar Association
  • West Virginia State Bar
  • Defense Trial Counsel of West Virginia
  • Assisted in the successful representation of various West Virginia companies in civil actions involving allegations of racial, sexual and age discrimination.
  • Assisted in successful representation and in obtaining a defense verdict on behalf of a telecommunications company that allegedly improperly placed and maintained a utility pole on a rural road, sheering off the passenger’s elbow after the vehicle left the roadway. The plaintiff unsuccessfully sought $2.1 million in future economic damages.
  • Successfully represented healthcare institutions and healthcare providers in a variety of personal injury litigation matters.
  • Assisted in the successful defense of a behavioral healthcare provider in litigation, including allegations of sexual assault of a patient by an employee.
  • Involved in successfully litigating a matter on behalf of a plaintiff against a Fortune 500 chemical company where the jury found the plaintiff’s supervisor was sexually harassing her. The multi-million verdict included an award of punitive damages and attorney fees.
  • Assisted in the successful representation of employers in proceedings before West Virginia Human Rights Commission.
  • Obtained a defense verdict for surgeon who was alleged to have improperly passed a surgical stapler, striking a surgical technical in the hand. The technician developed complex regional pain syndrome and claimed to be permanently and totally disabled.
  • Assisted in the successful representation of various healthcare providers in securing the dismissal of medical negligence claims premised on various statutory provisions of West Virginia’s Medical Professional Liability Act.
  • Represented a large acute care hospital regarding a variety of matters related to risk management, court representation, personal injury and medical negligence litigation.
  • Represented a long-term care and rehabilitation facility in a variety of matters regarding issues related to risk management, personal injury and medical negligence.
  • Worked with a large number of physicians and hospitals in a number of matters involving medical negligence litigation, first as a Nurse Consultant and then through representation as an attorney.
  • Successfully represented various healthcare providers in claims of medical negligence, in securing defense verdicts.


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The Maxwell Centre
32 20th Street
Wheeling WV 26003