Court Watch

Click here for October 9, 2007 information

• Boggs v. Camden-Clark Memorial Hospital, No. 33207
  Ruling from the Circuit Court of Wood County and Appeal from the Circuit Court of Wood County to the West Virginia Supreme Court of Appeals
  
  TOPIC: Whether the Circuit Court properly sanctioned the defendant hospital for fraudulent concealment and destruction of evidence?

Click here for June 5, 2007 information

• Brooks v. Galen of West Virginia, Inc., No. 33207
  Appeal from the Circuit Court of Greenbrier County to the West Virginia Supreme Court of Appeals
  
  TOPIC: Whether the trial court erred by taking judicial notice of the findings of the Social Security Administration?

Click here for June 7, 2007 information

Click here for February 21, 2007 information

• Cartwright, as guardian and parent of Cartwright, a minor child v. McComas, and Cabell Huntington Hospital, Appeal No. 33868
  Appeal from the Circuit Court of Cabell County to the West Virginia Supreme Court of Appeals

  ISSUE: Does the MPLA provision providing the right of a minor under ten years of age to file suit prior to a minor’s twelfth birthday permit a hospital to be added as a defendant based on alleged malpractice of a physician, when the original case was filed in April 2003, and when as of July 1, 2003, a hospital may no longer be sued under a theory of "ostensible agency?"

Davis v. Mound View Health Care, Inc., No. 33104 (2006).
Petition for Rehearing to the West Virginia Supreme Court of Appeals

• Estate of Fout-Iser v. Rhee
  Appeal from the Circuit Court of Mineral County to the West Virginia Supreme Court of Appeals
  
  TOPIC: Whether the Circuit Court properly granted summary judgment to the defendant radiologist based on the plaintiffs’ failure to produce adequate expert testimony regarding the standard of care?

Click here for June 7, 2007 information

• Forshey v. Jackson, Appeal No. 33834
  Appeal from the Circuit Court of Kanawha County to the West Virginia Supreme Court of Appeals

  ISSUE: When does the continuous medical treatment doctrine apply to a medical malpractice case?

• Hageman v. Southwest Gen. Health Ctr., Slip Opinion No. 2008-Ohio-3343

  Appeal from the Court of Appeals for Cuyahoga County Supreme Court of Ohio

   

  TOPIC:            Whether an attorney may be liable for the unauthorized disclosure to a third party of medical information regarding an opposing party that was obtained in the course of litigation.

Click here for July 23, 2008 information

• Hamrick v. Charleston Area Medical Center, Appeal No. 33107
  Appeal from the Circuit Court of Kanawha County to the West Virginia Supreme Court of Appeals
  
  TOPIC: Whether the Open Hospital Proceedings Act applies to a hospital’s Medical Staff Executive Committee?

Click here for March 22, 2007 information

Click here for January 31, 2007  information

Click here for January 15, 2007 information

• IRS Memorandum regarding Hospitals Providing Financial Assistance to Staff Physicians to Implement Conversion to Electronic Health Records
  
  TOPICS:
  I. Purpose and effect of establishing interoperable EHR systems
  II. Health IT Subsidy Arrangement Requirements

Click here for May 16, 2007 information

• Kadlec Medical Center v. Lakeview Anesthesia Associates, Appeal No. 06-30745
  Appeal from the United States District Court for the Eastern District of Louisiana to the Fifth Circuit Court of Appeals

   

  TOPIC:           When responding to credentialing questions from a healthcare facility, what duty does a healthcare provider or hospital have in responding to the questions?

Click here for June/July 2008 information

• Kominar v. Health Management Associates of W. Va., Inc., et al., No. 33215
  Appeal from the Circuit Court of Mingo County to the West Virginia Supreme Court of Appeals
  
  TOPIC: Whether the trial court properly denied plaintiff’s motion for a new trial after a defense verdict was rendered?

Click here June 19, 2007 information

Click here for March 7, 2007 information