Webb v. West Virginia Board of Medicine

(Filed July 20, 1998)

I concur with the majority that the circuit court erroneously dismissed the Board of Medicine’s complaint against Dr. Webb in connection with the charge involving Ms. D., but dissent in its affirmation of the circuit court’s dismissal of the Board’s charge involving Ms. M. Furthermore, while I do not disagree with the majority’s only new syllabus point, which provides that the doctrine of laches may be applicable to proceedings by and before the West Virginia Board of Medicine, I object strenuously to its application where there was no delay on the part of the Board.…