Justia Medical Malpractice Opinion Summaries

Brooke Morton was admitted to the hospital at 37 weeks gestation for labor induction due to cystic fibrosis-induced diabetes. After complications, her baby, Brody Morton, was delivered by emergency cesarean section, resuscitated, transferred to the NICU, and passed away five hours later. Mrs. Morton suffered severe postpartum complications. Mr. Morton consented to an autopsy, allegedly under the impression it would be performed by the state medical examiner, but later learned it was conducted by the hospital, with internal organs not preserved, preventing further autopsy.The Mortons sent two pre-suit notices and screening certificates of merit to the hospital, one for medical negligence related to labor and delivery, and another for emotional distress and related claims concerning the autopsy and handling of organs. The hospital responded by requesting more definite statements and identifying perceived deficiencies, following procedures established in Hinchman v. Gillette. The Mortons replied with additional certificates. The complaint included claims against both the hospital and the West Virginia University Board of Governors (WVUBOG). After mediation, the Mortons settled medical negligence claims with WVUBOG, but not with the hospital. The hospital moved to dismiss, arguing that the Medical Professional Liability Act (MPLA) applied and the certificates were deficient, depriving the circuit court of subject matter jurisdiction. The Circuit Court of Monongalia County dismissed some claims but denied dismissal of emotional distress claims, finding MPLA did not apply.The Supreme Court of Appeals of West Virginia reviewed the hospital’s petition for a writ of prohibition. The Court held that while total failure to provide pre-suit notice under the MPLA is jurisdictional, alleged deficiencies in a screening certificate of merit do not deprive a circuit court of subject matter jurisdiction. The writ of prohibition was denied, and the circuit court’s order stands. View "State ex rel. West Virginia University Hospitals, Inc. v. Simms" on Justia Law

A young man, Austin Ghaphery, began exhibiting signs of substance abuse in 2016 and admitted to his father, Dr. Nicholas Ghaphery, that he was using illicit drugs in 2017. Dr. Ghaphery arranged for his son to undergo an initial assessment at Wheeling Treatment Center (WTC), a medication-assisted treatment facility that treats opioid addiction. During the assessment, a counselor conducted a drug screen and determined that Austin was not a candidate for admission because he was not in opioid withdrawal and his drug screen was negative for opioids. However, concerns about possible suicidal ideation were raised during the assessment, prompting WTC’s medical director, Dr. Schultz, to evaluate Austin for suicide risk. After Austin agreed to follow up with his family physician, he was released. He was not admitted into the MAT program. Thirty-six days later, Austin died from a drug overdose.Dr. Ghaphery, as personal representative of Austin’s estate, sued WTC and Dr. Schultz for medical professional liability and wrongful death, alleging that they failed to properly evaluate Austin’s condition and arrange for his transportation to a psychiatric facility. The Circuit Court of Ohio County initially denied summary judgment but later granted it, concluding that no health care provider-patient relationship existed after WTC declined to admit Austin, and thus WTC and Dr. Schultz owed him no legal duty. The Intermediate Court of Appeals of West Virginia affirmed, holding that any health care provided was merely incidental and did not give rise to such a relationship or duty.The Supreme Court of Appeals of West Virginia reviewed the case and reversed. It held that a health care provider-patient relationship was established during the initial assessment, even though Austin was not ultimately admitted for ongoing treatment. Therefore, WTC and Dr. Schultz owed a duty of care to Austin during the assessment process. The case was remanded for further proceedings. View "Ghaphery v. Wheeling Treatment Center" on Justia Law

The Supreme Court affirmed the order of the circuit court granting summary judgment in favor of Respondents in this medical negligence suit brought pursuant to the West Virginia Medical Professional Liability Act, holding that the circuit court did not err by granting summary judgment for Respondents.In his lawsuit, Petitioner claimed that Respondents overprescribed and improperly filled prescriptions for controlled substances that were known to have addictive qualities, causing him to develop an addiction to pain medication. Respondents filed motions to dismiss asserting that Petitioner's complaint was filed after the expiration of the relevant statute of limitations. The circuit court converted the motions to dismiss for motions for summary judgment and granted summary judgment for Respondents. The Supreme Court affirmed, holding that the circuit court did not err by granting summary judgment for Respondents and dismissing the complaint. View "Sager v. Duvert" on Justia Law

The Supreme Court answered in the affirmative a certified question brought to it by the circuit court, concluding that a healthcare provider who was named in a complaint but voluntarily dismissed as a party is an "alleged party" for purposes of W. Va. Code 55-7B-9(b).Plaintiff brought this medical malpractice complaint under the Medical Professional Liability Act against several healthcare providers. At issue was section 55-7B-9(b), which states that the jury "shall" consider the fault of "all alleged parties" and whether the parties who were dismissed but who did not settle their claims with Plaintiff may be considered by the jury in apportioning fault under section 55-7B-9(b). The Supreme Court concluded that the term "alleged parties" encompasses those originally named as a party in the complaint as having contributed to the plaintiff's injuries, regardless of whether they remain parties to the litigation at the time of trial. View "Wingett v. Challa" on Justia Law

The Supreme Court granted a writ of prohibition in this original jurisdiction case prohibiting the circuit court from enforcing its order denying Petitioner's motion to dismiss the amended complaint brought by Respondents, Angela and Denny Seth Lester, holding that the complaint failed to follow the pre-suit notice requirements set forth in the Medical Professional Liability Act, W. Va. Code 55-7B-1, et seq.Respondents sued Petitioner-hospital and other entities asserting that each negligently mishandled fetal remains following Angela's treatment at the hospital for a stillbirth. Petitioner filed a motion to dismiss. The circuit court denied the motion, concluding that a stillborn fetus cannot be a "patient" under the MPLA, and therefore, Respondents were not required to comply with the MPLA's pre-suit notice requirements. View "State ex rel. Charleston Area Medical Center, Inc. v. Honorable Thompson" on Justia Law

The Supreme Court denied a writ of prohibition sought by the West Virginia Division of Corrections and Rehabilitation (DCR) that would effectively dismiss a wrongful death lawsuit filed against it by Mary Jane McComas, administratrix of the estate of Deanna McDonald, holding that DCR failed to establish that it was entitled to the writ.McComas, as administratrix of McDonald's estate, sued DCR alleging state law and common law claims and causes of action, including intentional and negligent infliction of emotional distress and wrongful death. DCR filed a motion to dismiss, arguing that the amended complaint asserted claims sounding in medical professional liability under the Medical Professional Liability Act (MPLA) that could not be brought against DCR. The circuit court denied the motion to dismiss, after which DCR filed its writ of prohibition. The Supreme Court denied the requested writ, holding that the MPLA does not apply to DCR, and therefore, the circuit court did not commit clear error as a matter of law in declining to dismiss the amended complaint. View "State ex rel. W. Va. Division of Corrections & Rehabilitation v. Honorable Ferguson" on Justia Law

The Supreme Court affirmed the portion of the circuit court's order granting Respondent's motion to dismiss this Petitioners' claims asserting, inter alia, medical negligence, res ipsa loquitur, and loss of consortium, but vacated the court's decision to grant the dismissal with prejudice, holding that the court erred in dismissing the action with prejudice.At issue on appeal was whether Petitioners' failure to serve a screening certificate of merit upon Respondent before filing their complaint warranted a dismissal of Petitioners' complaint with prejudice. The Supreme Court held (1) the circuit court lacked subject matter jurisdiction to proceed in this case due to Petitioners' failure to comply with the pre-suit notice requirements of the West Virginia Medical Professional Liability Act, W. Va. Code 55-7B-6; and (2) therefore, the circuit court properly dismissed the civil action, but erred in dismissing it with prejudice. View "Tanner v. Raybuck" on Justia Law

The Supreme Court granted a writ of prohibition sought by West Virginia Mutual Insurance Company (Mutual) from the order of the circuit court denying Mutual's motion for summary judgment on common law bad faith claims brought by Michael Covelli, M.D., holding that Mutual demonstrated that the writ of prohibition was appropriate.A jury awarded Dominique Adkins almost $5.8 million on her medical malpractice claim against Dr. Covelli, which was above the limits of his medical malpractice insurance. However, Mutual, Covelli's insurer, settled Adkins's suit within policy limits before the circuit court reduced the verdict to judgment. When a second patient of Dr. Covelli learned of Adkins's large jury award, that patient too sued Dr. Covelli for malpractice. Mutual also settled that claim within policy limits. Thereafter, Dr. Covellie sued Mutual for common law bad faith. At issue was the order of the circuit court denying Mutual's motion for summary judgment on Dr. Covelli's claims. The Supreme Court granted the writ, holding that the circuit court clearly erred by denying Mutual's motion for summary judgment. View "State ex rel. W. Va. Mutual Insurance Co. v. Honorable Salango" on Justia Law

The Supreme Court reversed the order of the circuit court dismissing the medical negligence claims of Petitioner Christopher Morris, individually and as administrator of the estate of Amy Christine Wade, against Respondents, healthcare providers, pursuant to Wa. Va. R. Civ. P. 12(b)(6), holding that the circuit court erred.In the complaint, Petitioner alleged that Wade received behavioral and mental health treatment from Respondents for more than ten years and that Respondents deviated from the standard of care in their treatment of Wade, resulting in her suicide. The circuit court dismissed the complaint for failure to allege that Wade was in the custody of any respondent at the time of her suicide. The Supreme Court reversed, holding (1) the circuit court erred by concluding that precedent contained a "custodial" prerequisite for claims based on deviations from the standard of care proximately resulting in a patient's suicide; and (2) therefore, Petitioner's claims were barred as a matter of law. View "Morris v. Corder" on Justia Law

The Supreme Court granted a writ of prohibition directing the circuit court to transfer venue of this third-party medical negligence action from Tucker County to Monongalia County, holding that this cause of action arose in Monongalia County, and therefore venue for the underlying action, as pleaded, lay solely in Monongalia County.Emily Heckler stabbed her stepmother Marion to death two days after she was discharged from Chestnut Ridge Center in Morgantown, where she had received psychiatric treatment. Mark Heckler, Emily's father and the administrator of Marion's estate, brought this claim in Tucker County under W. Va. Code 55-7B-9b of the Medical Professional Liability Act against Petitioners - West Virginia University Hospitals, Inc. and West Virginia University Board of Governors. Heckler filed a motion to dismiss for improper venue or, in the alternative, to transfer venue to Monongalia County. The Supreme Court granted the writ, holding (1) under W. Va Code 55-7B-9b, venue is established on where the cause of action arose; and (2) venue is only proper in the county in which the healthcare was rendered with allegedly willful and wanton or reckless disregard of a foreseeable risk of harm to third persons. View "State ex rel. W. Va. University Hospitals, Inc. v. Honorable Nelson" on Justia Law