Forshey v. Jackson

DAVIS, Justice.1

Paul E. Forshey and his wife Melissa, appellants herein and plaintiffs below (hereinafter collectively referred to as “the For-sheys”), appeal an order of the Circuit Court of Kanawha County that dismissed their malpractice action against Dr. Theodore A. Jackson, M.D., appellee herein and defendant below (hereinafter referred to as “Dr. Jackson”), as having been untimely filed. The Forsheys urge this Court to adopt the continuous medical treatment doctrine and to apply that doctrine to find their action was timely. Alternatively, the Forsheys argue that their claim was timely…