Judicial Activism

State Supreme Court shows hostility towards medical malpractice reforms.

West Virginia was thrown into the national spotlight in 2003 when doctors in the Northern Panhandle walked off the job due to skyrocketing medical liability premiums. In 2001 and 2003 the state legislature passed medical lawsuit reforms to help restore an ailing health care industry.

Since the passage of the much-needed medical malpractice reforms, all eyes have been on the state Supreme Court to see whether or not the healthcare reforms will survive. 
So far, the outlook is cloudy.  While the reforms have clearly helped, the state Supreme Court has already struck down certain provisions of the reforms, a move which Justice Elliott “Spike” Maynard called “a warning that this Court has the absolute power to declare null and void any part or the entire [medical malpractice] reform package.”

Another provision of the medical malpractice reforms – a 30-day notice period meant to deter the filing of frivolous lawsuits – has also recently come under fire.  Chief Justice Robin Davis has opined that the 30-day notice period is unconstitutional.  While a majority of the court has not yet adopted the Chief Justice’s position, serious concerns remain.  It is not unthinkable that two other members of the Court could join Chief Justice Davis in striking down an integral part of the recent reforms. 

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