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.

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