Legal Opinion

Hamrick v. Charleston Area Medical Center, Inc.

West Virginia Supreme Court

Decided March 1, 2007No. 33107Published

1Opinion of the CourtStarcher, J.

In this ease we hold that meetings of a hospital’s Medical Staff Executive Committee are not immune from the purview of the Open Hospital Proceedings Act, W.Va.Code, 16-5G-1 to -7 [1999].

I

Facts & Background

In the instant case, the Circuit Court of Kanawha County concluded, in an order dated February 24, 2006, that only meetings of the Board of Trustees of the Charleston Area Medical Center, Inc. (“CAMC”), the appellee and defendant below, could fall within the purview of the Open Hospital Proceedings Act (the “Hospital Act”), W.Va.Code, 16-5G-1 to -7 [1999]. The Hospital Act generally…

2Cases cited6 opinions

  1. Painter v. PeavyWest Virginia Supreme Court · 1994
  2. McComas v. Bd. of Educ. of Fayette CountyWest Virginia Supreme Court · 1996
  3. Red & Black Publishing Co. v. Board of RegentsSupreme Court of Georgia · 1993
  4. News-Press Pub. Co., Inc. v. CarlsonDistrict Court of Appeal of Florida · 1982
  5. Souder v. Health Partners, Inc.Court of Appeals of Tennessee · 1998

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