Adkins v. Clark (Signed Opinion)Annotate this Case
The Supreme Court affirmed the order of the circuit court granting Defendant's motion to dismiss Plaintiff's professional malpractice claim brought under the West Virginia Medical Professional Liability Act (MPLA), holding that the circuit court did not err in dismissing the claim with prejudice.
Plaintiff sent to Defendant a notice of claim and certificate of merit consistent with the pre-suit notice requirements of the MPLA. Defendant neither requested pre-suit mediation nor declined it. Long after the expiration of the statute of limitations and any statutory tolling periods, Plaintiff received a response letter from Defendant explicitly declining pre-suit mediation. Thereafter, Plaintiff filed her claim. The circuit court dismissed the claim on the grounds that the MPLA does not permit an indefinite tolling of the statute of limitations to facilitate pre-suit mediation and there was no evidence of any affirmative conduct by Defendant that would have induced Plaintiff to delay filing her claim so as to equitably toll the statute of limitations. The Supreme Court affirmed, holding that there was no error in the circuit court's decision.