Manor Care Inc. v. Tom Douglas

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that negligence-based claims predicated on corporate budgeting and staffing decisions do not fall under the MPLA
• stating that Boggs stands for the proposition that some claims that may be brought against a health care provider simply do not involve health care services and, therefore, are not subject to the MPLA”
• in case where a decedent’s son and estate were represented by McHugh, the West Virginia Supreme Court reversed some parts of the judgment, but affirmed about $5,000,000 in compensatory damages and reduced punitive damages from $80,000,000 to slightly less than $32,000,000
• discussing circumstances outside of medical professional liability actions
• “While the applicability of the Medical Professional Liability Act, W. Va. Code § 55–7B–1 et seq., is based upon the facts of a given case, the determination of whether a particular cause of action is governed by the Act is a legal question to be decided by the trial court.”

Source: CourtListener parenthetical corpus (CC0).