Richmond v. Levin

Donna M. Richmond, appellant, plaintiff below (hereinafter referred to as “Ms. Richmond”), appeals from an order entered by the Circuit Court of Raleigh County in her medical malpractice action against Dr. Barry A. Levin, appellee, defendant below (hereinafter referred to as “Dr. Levin”). By that order, the circuit court upheld a non-unanimous jury verdict in favor of Dr. Levin, based upon the non-unanimous verdict provision of the Medical Professional Liability Act (hereinafter referred to as the “MPLA”) found at W. Va.Code § 55-7B-6d (2001) (Supp. 2004). In this appeal, Ms. Richmond…