State ex rel. Charleston Area Medical Center, Inc. v. Honorable Thompson (Signed Opinion)
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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.
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