Legal Opinion

Elaine Neidig v. Valley Health System (Justice Armstead, dissenting)

West Virginia Supreme Court

Decided June 10, 2025No. 24-27Separate

1Opinion of the Court

FILED No. 24-27, Elaine Neidig, individually and on behalf of all others similarly situated v. Valley Health System June 10, 2025 released at 3:00 p.m. EDYTHE NASH GAISER, CLERK ARMSTEAD, Justice, dissenting: SUPREME COURT OF APPEALS OF WEST VIRGINIA The West Virginia Medical Professional Liability Act, West Virginia Code §§ 55-7B-1 – 12 (“MPLA”), is, by design, a broad and encompassing measure designed to govern civil actions arising from the provision, or failure to provide, adequate health care services to our citizens. The majority’s opinion in this case improperly limits the scope and…

2Cases cited11 opinions

  1. Appalachian Power Co. v. State Tax DepartmentWest Virginia Supreme Court · 1995
  2. State v. General Daniel Morgan Post No. 548West Virginia Supreme Court · 1959
  3. State v. ElderWest Virginia Supreme Court · 1968
  4. Crockett v. AndrewsWest Virginia Supreme Court · 1970
  5. Findley v. State Farm Mutual Automobile InsuranceWest Virginia Supreme Court · 2003

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