Davis v. Mound View Health Care, Inc.

BENJAMIN, Justice.

In challenging the constitutionality of the pre-suit notice of claim provisions set forth in West Virginia Code § 55-7B-6 (2003),1 Appellant, Sarina L. Davis, asks this Court to reverse the November 3, 2005, order entered by the Circuit Court of Marshall County which dismissed her medical malpractice action for failure to comply with statutory mandates. In light of this Court’s longstanding policy of not addressing the constitutionality of statutes unless necessary for the determination of the case,2 we decline to address *30Appellant’s constitutional challenge herein. Having…