Belcher v. Charleston Area Medical Center

McHUGH, Chief Justice:

This case is before the Court upon the appeal of Larry Belcher, Sr., administrator of the estate of Larry Belcher, Jr., and plaintiff below, from the judgment of the Circuit Court of Kanawha County. 1 The appellees, and defendants below, are Charleston Area Medical Center (CAMC), Charleston Pediatric Group, Inc., and M.B. Ayoubi, M.D.

I

The decedent, Larry Belcher, Jr. (Larry), who was seventeen years and eight months old, suffered from muscular dystrophy, and was confined to a wheelchair. On December 19, 1986, Larry became choked and stopped breathing. His father, the…