Minnich v. MedExpress Urgent Care, Inc. (Signed Opinion)Annotate this Case
Andrew Minnich visited the South Charleston MedExpress to seek medical care. During his attempt to access an examination table, Andrew, who had recently undergone hip surgery, fell and sustained injuries. Andrew died ninety days later. Thereafter, Joyce Minnich filed a complaint against Medexpress Urgent Care, Inc. (MedExpress), alleging, inter alia, negligence based on premises liability. The circuit court granted summary judgment for MedExpress as to the premises liability claim and directed Petitioner to amend her complaint to plead a medical malpractice claim compliant with the filing requirements of the West Virginia Medical Professional Liability Act (MPLA). Petitioner appealed, arguing that the MPLA did not apply because Andrew was not treated by a “health care provider” prior to his fall within the MedExpress within the facility. The Supreme Court affirmed, holding that a “health care provider,” as defined by the MPLA, did provide health care related services to Andrew prior to his fall, and therefore, the circuit court did not err in deciding that the MPLA applied to this case.