Bernard BOGGS, as Administrator of the Estate of Hilda Boggs, Deceased, as Personal Representative of the Statutory Beneficiaries of the Wrongful Death Claim Herein Asserted and in his Own Right, Plaintiff Below, Appellant
v.
CAMDEN-CLARK MEMORIAL HOSPITAL CORPORATION, United Anesthesia, Inc. and Manish I. Koyawala, M.D., Defendants Below, Appellees
Supreme Court of Appeals of West Virginia.https://leagle.com/images/logo.png
Submitted November 9, 2004.
Decided December 8, 2004.
Dissenting Opinion of Chief Justice Maynard December 8, 2004.
Attorney(s) appearing for the Case
Christopher J. Regan, Esq., Bordas & Bordas, Wheeling, Christopher A. Rinehart, Esq., Columbus, Ohio, Attorneys for Appellant.
Richard A. Hayhurst, Esq., Parkersburg, West Virginia, Attorney for Appellee Camden-Clark Memorial Hospital.
Don R. Sensabaugh, Jr., Esq., C. Benjamin Salango, Esq., Flaherty, Sensabaugh & Bonasso, Charleston, West Virginia, Attorneys for Appellees Manish Koyawala, M.D. and United Anesthesia, Inc.
Victor A. Mullins, Associate Counsel West Virginia Insurance Commission, Charleston, West Virginia Amicus Curiae for the West Virginia Insurance Commission.
Evan H. Jenkins, Esq., Charleston, West Virginia, Amicus Curiae for West Virginia State Medical Association, American Medical Association. West Virginia Hospital Association. West Virginia Health Care Association, West Virginia Orthopaedic Society; The West Virginia Association of Physician Assistants, the West Virginia Chapter of the American Academy of Family Physicians, The Physicians Alliance for Reform, The West Virginia Academy of Ophthalmology, The West Virginia Society of Osteopathic Medicine, Inc., The West Virginia Academy of Otolaryngology-Head and Neck Surgery, Inc.
Paul T. Farrell, Jr., Esq., Wilson, Frame, Benninger & Metheny, PLLC, Morgantown, West Virginia Amicus Curiae for West Virginia Trial Lawyers.
Jeffrey R. White, Esq., Center for Constitutional Litigation, Washington, D.C., Amicus Curiae for American Trial Lawyers Association.
Thomas A. Heywood, Esq., John A. Moore, Esq., Stuart A. McMillan, Esq., Jill E. Hall, Esq., Bowles Rice McDavid Graff & Love LLP, Amicus Curiae for the West Virginia Physicians' Mutual Insurance Company.
Thomas J. Hurney, Jr., Esq., Jackson Kelly PLLC, Charleston, Larry W. Chafin, Esq., Steptoe & Johnson, PLLC, Clarksburg, West Virginia Amicus Curiae for Defense Trial Counsel of West Virginia.
Edward J. George, Esq., Robinson and McElwee PLLC, Charleston, West Virginia Amicus Curiae for Charleston Health Associates, Inc. d/b/a Physicians Alliance of West Virginia.
Supreme Court of Appeals of West Virginia.
MCGRAW, Justice:
I.
FACTS
On September 28, 2001, Hilda Boggs, age 50, slipped on a wet floor while at work and broke her ankle. Her family doctor referred her for treatment at Camden-Clark Memorial Hospital in Parkersburg. Because she had some unrelated health problems, a cardiologist and an endocrinologist evaluated her prior to any surgery for her broken ankle. They recommended spinal, rather than...
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