Philip v. Government of the Virgin Islands

MEMORANDUM OPINION

This case once again requires the Court to interpret the Health Care Provider Malpractice Act of the Virgin Islands, 27 V.I.C. § 166 et seq. (1982) (Malpractice Act). We must decide: can a claimant join two distinct claims into a single action, when he has only followed the pre-filing procedure as to one of the two claims?

We find that the strict requirements of the Malpractice Act necessitate that all claims be placed before the Review Committee created by the Act before they may be asserted in a cause of action in Court.

I. FACTS

We present the following factual situation,…