West Virginia Supreme Court· 6/18/2014
Manor Care Inc. v. Tom Douglas
Citations
- 234 W. Va. 57
- 763 S.E.2d 73
- 2014 WL 2835831
- 2014 W. Va. LEXIS 786
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).
Judges: Davis, Ketchum, Moats, Benjamin, Workman, Loughry
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.