Yates v. University of West Virginia Board of Trustees

MAYNARD, Justice.

Jonella Yates and her husband, Donald Yates, the appellants and plaintiffs below in a medical malpractice case, appeal the final order of the Circuit Court of Cabell County entered December 3, 1999. The appellants raise several issues on appeal to this Court. After careful consideration of these issues, we reverse the judgment of the circuit court.

I

FACTS

On May 4, 1994, appellant, Jonella Yates (“Mrs.Yates”) was hospitalized at St. Mary’s Hospital in Huntington, West Virginia, with complaints of chest pain.1 Mrs. Yates’ attending physician at St. Mary’s Hospital was Dr.…