State ex rel. Hope Clinic, PLLC v. Judge McGraw (Signed Opinion)
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The Supreme Court granted a writ of prohibition seeking to vacate the circuit court's order denying Petitioners' motion to dismiss the underlying suit for lack of subject matter jurisdiction, holding that the circuit court erred in failing to dismiss the claims.
Respondents sued Petitioners - various medical providers, pharmacists, and pharmacies - under the West Virginia Medical Professional Liability Act (MPLA) asserting claims of medical negligence, pharmacist negligence, and loss of consortium. Petitioners moved to dismiss the claims for lack of subject matter jurisdiction on the grounds that Respondents did not serve a notice of claim upon Petitioners before filing their complaint. The circuit court denied the motions to dismiss. The Supreme Court reversed, holding that the circuit court lacked subject matter jurisdiction to proceed due to Respondents' failure to comply with the MPLA's pre-suit requirements.
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