STATE EX REL. WEBB v. W.VA. BD. OF MEDICINE

Nos. 24640, 24641.

506 S.E.2d 830 (1998)

203 W.Va. 234

STATE ex rel. Deleno H. WEBB, M.D., Petitioner below, Appellee, v. WEST VIRGINIA BOARD OF MEDICINE, Respondent below, Appellant (Two Cases).

Supreme Court of Appeals of West Virginia.

Decided July 16, 1998.

Concurring and Dissenting Opinion of Justice Workman July 20, 1998.


Attorney(s) appearing for the Case

Rudolph L. DiTrapano, Esq., Sean P. McGinley, Esq., DiTrapano & Jackson Charleston, West Virginia, Attorneys for Appellee.

Deborah Lewis Rodecker, Esq., West Virginia Board of Medicine, Charleston, West Virginia, Attorney for Appellant.


STARCHER, Justice:

In the instant case we uphold in part and reverse in part a decision of the Circuit Court of Kanawha County. We determine that the West Virginia State Board of Medicine can go forward with one disciplinary proceeding against a psychiatrist charging him with having a sexual relationship with a patient; in another proceeding, charging the doctor with the same conduct with another patient, we determine that a complainant's delay in making a complaint...

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