1. Home
  2. Browse Decisions
  3. F.4th
  4. 33 F.4th
  5. 33 F.4th 178 (2022)
 

GRAHAM v. DHAR

No. 20-1793.

33 F.4th 178 (2022)

Janet GRAHAM, Administratrix of the Estate; Edna Marie McNeely, Plaintiffs-Appellants, v. Sunil Kumar DHAR, M.D.; Bluefield Clinic Company, LLC, d/b/a Bluefield Cardiology; Bluefield Hospital Company, LLC, d/b/a Bluefield Regional Medical Center, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: May 2, 2022.

Attorney(s) appearing for the Case

ARGUED: Andrew David Byrd , WARNER LAW OFFICES, PLLC, Charleston, West Virginia, for Appellant. W.E. Sam Fox, II , FLAHERTY SENSABAUGH BONASSO PLLC, Charleston, West Virginia, for Appellees. ON BRIEF: Eric J. Buckner , KATZ KANTOR STONESTREET & BUCKNER, PLLC, Princeton, West Virginia, for Appellant. Megan F. Bosak , Jason L. Holliday , FLAHERTY SENSABAUGH BONASSO PLLC, Charleston, West Virginia, for Appellees.

Vacated and remanded by published opinion. Judge Rushing wrote the opinion, in which Judge King and Senior Judge Gibney joined.

This appeal concerns the "loss of chance" provision of West Virginia's Medical Professional Liability Act (MPLA). The district court interpreted that provision as requiring a plaintiff to prove that the defendant's negligence caused a greater than 25 percent "change in outcome" between the patient's chance of survival had...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases