Elmore v. Triad Hospitals, Inc.

I dissent from the majority opinion in this matter to the extent it indicates that receipt of a notice of claim by a person having absolutely no authority, express or implied, to accept the same on behalf of a medical provider is sufficient to satisfy the requirements of W. Va.Code § 55-7B-6 (2001). The Appellant mailed, via certified mail, his notice of claim as to Dr. Johnson to Greenbrier Valley Medical Center (hereinafter “GVMC”). This notice of claim was signed for by GVMC employee Teresa Shinn-Morgan. Ms. Shinn-Morgan worked in the GVMC business office as a refund clerk/mail clerk. Dr.…