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Vest v. St. Albans Psychiatric Hospital, Inc.

West Virginia Supreme Court of Appeals

182 W. Va. 228, 387 S.E.2d 282 (1989)

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

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Issue

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Holding and Reasoning (Neely, J.)

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A "yes" or "no" answer to the question framed in the issue section;
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Dissent (Brotherton, C.J.)

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