Flaherty  |  Sensabaugh  |  Bonasso   PLLC

 304-345-0200

Summary Judgement in Doctor’s Favor Affirmed by Supreme Court of Appeals of West Virginia

The Supreme Court of Appeals of West Virginia (WVSCA) recently affirmed an order of the Circuit Court of Raleigh County, granting the defendant physician summary judgment and finding that the physician’s duty to the patient terminated when the patient left the hospital against medical advice. In its Opinion, the WVSCA concluded “that when a patient voluntarily leaves a health care facility against medical advice and executes a release of liability indicating that he/she understands and assumes the risks of leaving the health care facility against medical advice, the patient thereby terminates the physician-patient relationship such that the released medical providers do not thereafter have a duty of care to the patient.”

The defendant was represented by Flaherty Attorneys Rick Jones, Amy Humphreys and Shereen Compton McDaniel.

Disclaimer: Case summaries, reports of past results and individual lawyer biographies on this website describe past matters handled for clients of the Firm. These descriptions are meant only to provide information to the public about the activities and experience of our lawyers. They are not intended as a guarantee that the same or similar results can be obtained in every matter undertaken by our lawyers. You must not assume that a similar result can be obtained in a legal matter of interest to you. The outcome of a particular matter can depend on a variety of factors—including the specific factual and legal circumstances, the ability of opposing counsel, and, often, unexpected developments beyond the control of any client or lawyer.