SER Healthport Technologies and CAMC v. Hon. James C. Stucky, Judge

In its decision of this case, the majority determined that Mr. Crookshanks does not have standing to pursue his claim under the West Virginia Health Care Records Act, W. Va. Code § 16-29-1 et seq. However, the issue of standing is not properly before the Court. The circuit court mentioned standing in its order denying HealthPort’s motion for summary judgment only tangentially, and HealthPort, itself, bases its entire petition for writ of prohibition upon its argument that Mr, Crookshanks’ claim is not yet ripe for judicial consideration. As such, the issue of standing was not the question…