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MARTIN v. SMITH

No. 21267.

438 S.E.2d 318 (1993)

190 W.Va. 286

Pauline MARTIN, Personal Representative of the Estate of James Martin, Plaintiff-Appellee, v. David H. SMITH, M.D., Defendant-Appellant.

Supreme Court of Appeals of West Virginia.

Decided November 23, 1993.

Attorney(s) appearing for the Case

James G. Bordas, Jr., James B. Stoneking, Bordas, Bordas & Jividen, Wheeling, for plaintiff-appellee.

George E. McLaughlin, Jeffrey A. Holmstrand, Rhonda L. Wade, Bachman, Hess, Bachman & Garden, Wheeling, for defendant-appellant.

NEELY, Justice:

In this wrongful death action, David H. Smith, M.D., a psychiatrist, appeals from a $650,000 judgment entered against him on 11 September 1991 in the Ohio County Circuit Court. Mrs. Pauline Martin, mother of James Martin (hereinafter "the decedent") asserted that Dr. Smith deviated from the accepted standard of care in his treatment of the decedent, an involuntarily...

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