Westmoreland v. Vaidya

The appellant, Danny Ray Westmoreland (hereinafter “Dr. Westmoreland”), appeals from two adverse rulings issued by the Circuit Court of Mason County. On December 13, 2006, the trial court entered an order denying Dr. Westmoreland’s Rule 60(b)1 motion for reconsideration of an October 30, 2006, order that dismissed his complaint for failure to comply with the West Virginia Medical Professional Liability Act (hereinafter “MPLA”), W. Va.Code § 55-7B-1, et seq. Specifically, the October 30, 2006, order found that Dr. Westmoreland’s medical malpractice suit against the appellee, Shrikant K.…