Mayhorn v. Logan Medical Foundation

McHUGH, Justice:

The appellant, Roberta Mayhorn, filed a medical malpractice wrongful death action pursuant to W.Va.Code, 55-7-5 [1931] and 55-7B-1, et seq. against the appellees, Logan Medical Foundation, d/b/a Logan General Hospital (hereinafter “the hospital”) and Jim Gosien, M.D. The appellant filed this appeal after the Circuit Court of Logan County granted the appellees’ motion for a directed verdict on the ground that the appellant’s expert, Gordon Bendersky, M.D., relied on a certain fact not in evidence when rendering his opinion which the trial judge found was later shown to be…