Teresa Dellinger v. Pediatrix Medical Group, P.C.

Petitioner/plaintiff below, Teresa Dellinger, individually and in her capacity as Executrix of the Estate of Amber Dellinger, deceased (hereinafter “petitioner”), appeals the Circuit Court of Kanawha County’s July 26, 2012, order granting summary judgment in favor of respondent/defendant below, Pediatrix Medical Group, P.C. (hereinafter “respondent”). The circuit court found that petitioner failed to offer evidence sufficient to establish a prima facie case of medical professional liability under West Virginia Code § 55-7B-3 (2003). In particular, the circuit court found that 1) petitioner’s…