State Ex Rel. Miller v. Stone

Petitioner, Elizabeth Ann Miller, individually, and as administratrix of the estate of her deceased daughter, Rachel M. Miller, seeks a writ of prohibition1 to prevent the enforcement of the October 1, 2003, order of the Circuit Court of Monongalia County ruling that Petitioner’s medical malpractice claim is governed by the amended version of the Medical Professional Liability Act, W.Va. Code § 55-7B-1 to 55-7B-11, which went into effect on July 1, 2003.

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FACTS

Petitioner’s daughter, Rachel M. Miller, was born on June 10, 2001, at West Virginia University Hospital, and she died two days later.…