pre-suit notice claim (West Virginia) · Go Syfert
← West Virginia issues

pre-suit notice claim in West Virginia

13 West Virginia opinions name it 1 courts 2005–2026 5 in the last five years

The cases below were cited by West Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Davis v. Mound View Health Care, Inc.green
wva · 2006 · cited in 4 West Virginia opinions naming this issue, 2009–2024
2 sentences

2024Va. 28 , 640 S.E.2d 91 (2006) (“Where a medical malpractice action is dismissed for failure to comply with the pre-suit notice of claim provision set forth in W.

2022Va. 28 , 640 S.E.2d 91 (2006), we held that “where a medical malpractice action is dismissed for failure to comply with the pre-suit notice of claim provision set forth in W.

14

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Hinchman v. Gillette green
wva · 2005
2 sentences

2026The requirement of a pre-suit notice of claim and screening certificate of merit is not intended to restrict or deny citizens’ access to the courts.” Syllabus Point 2, Hinchman v. Gillette, 217 W.

2006We also stressed in Hinchman that "[t]he requirement of a pre-suit notice of claim and screening certificate of merit is not intended to restrict or deny citizens' access to the courts." Id., Syl.

112005–2026
Elmore v. Triad Hospitals, Inc. green
wva · 2006
2 sentences

2015In syllabus point four of Elmore v. Triad Hospitals, Inc., 220 W.Va. 154 , 640 S.E.2d 217 (2006), we determined that “[t]he requirement of a pre-suit notice of claim and screening certificate of merit is not intended to restrict or deny citizens’ access to the courts.” (citation omitted).

2015In syllabus point four of Elmore v. Triad Hospitals, Inc., 220 W.Va. 154 , 640 S.E.2d 217 (2006), we determined that “[t]he requirement of a pre-suit notice of claim and screening certificate of merit is not intended to restrict or deny citizens’ access to the courts.” (citation omitted).

12015–2015

Statutes the citing opinions construe

WV § W. Va. Code § 55-7B-6 (12) WV § W. Va. Code § 55-7B-1 (8) WV § W. Va. Code § 53-1-1 (4) WV § W. Va. Code § 55-7B-2 (4) WV § W. Va. Code § 55-2-18 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TN 30 (2013–2026) MS 17 (1997–2024) TX 15 (2000–2023) WV 13 (2005–2026) FL 12 (1989–2025) DC 2 (2001–2019)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check