Roy v. D'Amato

This case is before this Court upon appeal of a final order of the Circuit Court of Randolph County entered on October 1, 2004. In that order, the circuit court dismissed this medical malpractice action filed by the appellants and plaintiffs below, Scott and Jena Roy, against the appellee and defendant below, Kenneth E. D’Amato, D.O. The court found that the Roys did not provide Dr. D’Amato with proper notice of their claim pursuant to W.Va.Code § 55-7B-6(b) (2001).1 In this appeal, the Roys contend that the circuit court erred by dismissing their case., This Court has before it the petition…