The Health Care Defender

In Hernandez v. City Hospital, Inc. d/b/a WVU Medicine/Berkeley Medical Center, the Intermediate Court of Appeals of West Virginia (ICA) reversed summary judgment in favor of the hospital and remanded a medical professional liability case for further proceedings. The plaintiffs alleged that hospital nursing, therapy, and other non-physician staff failed to escalate a post-surgical patient’s deteriorating neurological condition through the hospital’s chain of command before discharge. They claimed that escalation would have led to additional imaging, a second ...