State of West Virginia ex rel. Charleston Area Medical Center, Inc. d/b/a Women & Children's Hospital v. Hon. Miki J. Thompson, Judge of the Circuit Court of Mingo County, West Virginia, Angela Lester, Denny Seth Lester, Mounts Funeral Home, Inc., and Nicole Cline

Summary

This is a dissenting opinion by Justice Hutchison in a West Virginia Supreme Court of Appeals proceeding concerning whether negligence claims arising from the handling and transportation of a stillborn child fall within the Medical Professional Liability Act. The dissent argues that the alleged misconduct did not occur in the context of rendering health care, involved a nonpatient, and should not be governed by the Act's protections and presuit requirements.

Holdings

1. In Hutchison, J.'s dissenting view, the alleged mishandling of a stillborn child's remains, unauthorized transportation of the remains, and negligent supervision were not committed in the context of rendering health care and therefore should not be governed by the MPLA.

Questions Presented

1. Whether claims alleging negligent mishandling of a stillborn child's remains by a health care facility arise from health care services rendered to a patient and therefore fall within the Medical Professional Liability Act.
2. Whether the child's mother can qualify as the relevant patient under the MPLA when the alleged negligence concerns the handling of the deceased child's remains rather than the mother's medical care.