The United States Court of Appeals for the Fourth Circuit recently interpreted the “loss of chance” provision of West Virginia’s Medical Professional Liability Act (the MPLA). In Graham v. Dhar, the Court ruled that a...more
5/13/2022
/ Appeals ,
Hospitals ,
Insurance Litigation ,
Medical Malpractice ,
Patients ,
Professional Liability ,
Remand ,
Standard of Care ,
Substantial Factor Test ,
Summary Judgment ,
Vacated
The Supreme Court of Appeals of West Virginia issued a new opinion that finds that litigants cannot characterize claims as “corporate” or “general” negligence in an attempt to circumvent the West Virginia Medical Professional...more
12/9/2021
/ Appeals ,
Health Care Providers ,
Healthcare ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Motion to Dismiss ,
Negligence ,
Patients ,
Professional Liability ,
Vacated ,
Writ of Prohibition ,
WV Supreme Court
The West Virginia Supreme Court issued a new memorandum decision which broadly interprets the scope of the West Virginia Medical Professional Liability Act, applying it to entities who were not recipients of health care...more