State of West Virginia ex rel. Charleston Area Medical Center, Inc. D/B/A Women and Children's Hospital v. The Honorable 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

FILED No. 22-0439 – SER Charleston Area Medical Center, Inc. v. Thompson, et al June 12, 2023 released at 3:00 p.m. WOOTON, J., dissenting: EDYTHE NASH GAISER, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA I dissent to the majority’s extension of the Medical Professional Liability Act (hereinafter “MPLA”) to acts of common, ordinary negligence merely because they involve a health care provider. This Court has previously determined that a hospital’s negligence as to postmortem care and handling does not implicate the MPLA because such postmortem remains are not “patients” as defined therein.…