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Ben Glass
Ben Glass
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West Virginia Case to Challenge Malpractice Tort Reform

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The West Virginia Record is reporting an interesting medical malpractice case where West Virginia’s requirement of a pre suit certificate of merit in malpractice cases is under challenge.

As the District of Columbia moves towards requiring pre-suit notification to defendants and mandatory early mediation of claims, we’ll all be following this W. Virginia case.

The specific challenge raised is:

“The certificate of merit requirement found in WV Code 55-7B-6(B) of the Medical Professional Liability Act is unconstitutional because it restricts or denies citizens’ access to the courts by requiring plaintiffs to pay exorbitant amounts of money in order to obtain a certificate of merit,” Bright says in his brief.

Comment from Virginia Medical Malpractice Attorney Ben Glass: : the trend developed in recent years toward more “reform” may be changing as more states realize that the medical malpractice insurance companies fooled them into passing restrictive laws. There was only a manufactured crisis which victimized patients and doctors alike.