Vest v. St. Albans Psychiatric Hospital, Inc.
West Virginia Supreme Court of Appeals
182 W. Va. 228, 387 S.E.2d 282 (1989)
- Written by Steven Gladis, JD
Facts
Otis and Pauline Vest (plaintiffs), citizens of West Virginia, filed suit in West Virginia state court asserting a claim for medical malpractice against St. Alban’s Psychiatric Hospital, Inc. (defendant), a Virginia entity. The alleged malpractice occurred in Virginia. The trial court dismissed the Vests’ claim on the ground that they had not complied with a Virginia statute requiring that medical-malpractice plaintiffs provide notice and an opportunity for their claim to be reviewed by a medical-review panel before filing suit.
Rule of Law
Issue
Holding and Reasoning (Neely, J.)
Dissent (Brotherton, C.J.)
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