In a 3-2 opinion, the West Virginia Supreme Court ruled that a couple who sued a Charleston hospital for the alleged mishandling of fetal remains following care given to the mother was required to comply with pre-suit notice requirements.
The narrow majority sided with the argument of the Charleston Area Medical Center, doing business as the Women and Children’s Hospital, that the mother, Angela Lester, was provided medical care following the stillbirth of a fetus in May 2018, and that the alleged mishandling of fetal remains was part of the health care services rendered to her. Therefore, her claims are subject to the Medical Professional Liability Act pre-suit notice requirements, according to the majority opinion filed June 12.
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