Legal Opinion

Quinones v. Charles Harwood Memorial Hospital

District Court, Virgin Islands

Decided November 7, 1983No. Civ. No. 1983/114PublishedCited by 10 opinions

1Opinion of the CourtO’Brien, Judge

MEMORANDUM OPINION

This is a medical malpractice wrongful death action filed against a governmental health care provider. The defendant filed a motion to dismiss the action, claiming a failure to comply with the procedural requirements of 27 V.I.C. § 166 et seq., the Medical Malpractice Act. The plaintiff responded, challenging the constitutionality of the Act. The Court finds that the Act is constitutional and that the plaintiff failed to comply with its procedural requirements. The Court is left with no discretion but to dismiss the complaint, recognizing regrettably that such a result will…

2Cases cited8 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Everett v. GoldmanSupreme Court of Louisiana · 1978
  3. State Ex Rel. Strykowski v. WilkieWisconsin Supreme Court · 1978
  4. Prendergast v. NelsonNebraska Supreme Court · 1977
  5. Carl W. Hines v. Elkhart General HospitalCourt of Appeals for the Seventh Circuit · 1979

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3Cited by10 opinions

  1. Brady v. CintronSupreme Court of The Virgin Islands · 2011
  2. Abdallah v. CallenderCourt of Appeals for the Third Circuit · 1993
  3. Mary Berry and Normil Berry v. Peter CurreriCourt of Appeals for the Third Circuit · 1988
  4. Simmons v. MartinezSupreme Court of The Virgin Islands · 2003
  5. Abdallah v. CallenderCourt of Appeals for the Third Circuit · 1993

5 more not listed; retrieve them via the Exa API.

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