Legal Opinion

Robert D. Toler v. Cornerstone Hospital of Hungintgon, LLC

West Virginia Supreme Court

Decided June 15, 2023No. 21-0830Separate

1Opinion of the Court

21-0830, Robert D. Toler v. Cornerstone Hospital of Huntington, LLC FILED June 15, 2023 released at 3:00 p.m. Chief Justice Walker, dissenting, joined by Justice Wooton: EDYTHE NASH GAISER, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA The Legislature has provided hospitals and health care providers with a substantial shield in the form of the Medical Professional Liability Act1 and the peer review privilege at issue in this case. The majority opinion has taken that shield and cobbled a fortification wall at its edges to build a fortress surpassing even the bounds of the Legislature’s…

2Cases cited5 opinions

  1. Jenkins v. WuIllinois Supreme Court · 1984
  2. Shroades Ex Rel. Shroades v. HenryWest Virginia Supreme Court · 1992
  3. Young v. SaldanhaWest Virginia Supreme Court · 1993
  4. Daily Gazette Co. v. West Virginia Board of MedicineWest Virginia Supreme Court · 1986
  5. SER Wheeling Hospital, Inc. David A. Graphery, M.D. v. Hon. Ronald E. Wilson, JudgeWest Virginia Supreme Court · 2016

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