Boggs v. Camden-Clark Memorial Hospital Corp

In Boggs v. Camden-Clark Memorial Hospital Corp., 216 W.Va. 656, 216 W. Va. 656, 609 S.E.2d 917 (2004), the plaintiff had combined a claim for medical malpractice with claims of fraud, destruction of records, the tort of outrage, and spoilation of evidence. Based upon failure to give timely notice on the malpractice claims, the trial court dismissed all claims and refused to allow the plaintiff to amend the complaint. In reviewing the trial court's action, the Court explained in Boggs that the special protection granted to health care professionals does not extend to all acts committed by those individuals.