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O'Sullivan v. Rhode Island Hospital5/26/2005
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" patient to assume that his medical provider has committed malpractice or worse, has engaged in a conspiracy to conceal some misconduct every time medical treatment has less than perfect results." Gaither, 487 S.E.2d at 910.
Even if we had some hesitation about the correctness of our holding in this case (which we do not), we would be inclined to opt for a liberal approach to the statute of limitations because of the remedial nature of the wrongful death statute. See, e.g., Bradshaw v. Soulsby, 558 S.E. 2d 681, 686 (W.Va. 2001) ("We have repeatedly recognized that because the wrongful death act alleviates the harshness of the common law, it is to be given a liberal construction to achieve its beneficent purposes."); see also Hanebuth, 694 P.2d at 147 (observing that " is profoundly unfair to deprive a litigant of his right to bring a lawsuit before he has had any reasonable opportunity to do so").
Conclusion
For the reasons stated herein, we reverse the judgment of the Superior Court. The record shall be remanded to the Superior Court.
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