The West Virginia State Capitol in Charleston. Credit: Jack F Schultz/Adobe Stock State High Court Split: Are Claims of Mishandling Fetal Remains Subject to Pre-Suit Notice?
"The majority quickly and tersely distinguishes this case—not because the allegations, cause of action, or underlying conduct is substantially different—but simply because the decedent in Ricottilli was a 'prior patient.' ...," Justice William R. Wooton wrote in a dissenting opinion.
June 23, 2023 at 01:14 PM
8 minute read
In a 3-2 opinion, the West Virginia Supreme Court ruled that a couple who sued a Charleston hospital for the alleged mishandling of fetal remains following care given to the mother was required to comply with pre-suit notice requirements.
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