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

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Cited by

14 cases in this archive cite this case.

Cites

122 cases in this archive are cited by this case; the 20 most cited are listed.

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