(Download) "Hernandez v. Ebrom" by the Supreme Court of Appeals of West Virginia * Book PDF Kindle ePub Free
eBook details
- Title: Hernandez v. Ebrom
- Author : the Supreme Court of Appeals of West Virginia
- Release Date : January 03, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
A defendant in a health care liability claim may appeal from the interlocutory order denying its objection to the plaintiffs expert report. The statutes authorizing the defendants objection and appeal do not impose consequences if an interlocutory appeal is not pursued. In this case, we consider whether a defendant health care providers failure to challenge the adequacy of an expert report by interlocutory appeal precludes a challenge of the report by appeal from a final judgment when the plaintiff later nonsuits before trial. The court of appeals held it does; we hold it does not. We reverse and remand to the court of appeals.
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