Legal Opinion

Camden-Clark Memorial Hospital Corporation v. Tuan Nguyen, M.D.

West Virginia Supreme Court

Decided November 13, 2017No. 16-0834PublishedCited by 7 opinions

1Opinion of the Court

WORKMAN, Justice:

Respondent Dr. Tuan Nguyen ("Physician") filed a third-party complaint against Petitioner Camden-Clark Memorial Hospital Corporation (the "Hospital") and alleged it discriminated and retaliated against him for reporting patient safety concerns; he alleged violations of the West Virginia Patient Safety Act (the "Act"),1 retaliatory discharge, and intentional infliction of emotional distress. The Hospital filed a motion to dismiss Physician's claims under Rule 12(b)(6) of the West Virginia Rules of Civil Procedure. The Hospital contended that because Physician's claims are…

2Cases cited18 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. State Ex Rel. McGraw v. Scott Runyan Pontiac-Buick, Inc.West Virginia Supreme Court · 1995
  3. Harless v. First National Bank in FairmontWest Virginia Supreme Court · 1978
  4. Chapman v. Kane Transfer Co., Inc.West Virginia Supreme Court · 1977
  5. Stanley v. Sewell Coal Co.West Virginia Supreme Court · 1982

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3Cited by7 opinions

  1. A. Karim Katrib, M.D. v. Herbert J. Thomas Memorial Hospital Association and Thomas Health System, Inc.West Virginia Supreme Court · 2023
  2. Daniel v. Raleigh General Hospital, LLCDistrict Court, S.D. West Virginia · 2018
  3. Judy Kay Miskell v. Jerry MooreWest Virginia Supreme Court · 2019
  4. Morley v. Energy Services of America Corp.District Court, S.D. West Virginia · 2023
  5. State ex rel. Grant County Commission v. Judge NelsonWest Virginia Supreme Court · 2021

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