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Qualified Immunity

Posted by Tracey Wilson | Jun 04, 2024 | 0 Comments


Equity Partner, Kelly C. Morgan and Of Counsel, Kristen V. Hammond


Equity Member Kelly C. Morgan and Of Counsel Kristen V. Hammond succeeded in an Interlocutory appeal before the Supreme Court of Appeals of West Virginia and obtained a reversal of a Circuit Court decision on behalf of Defendants WVDHHR Office of the Chief Medical Examiner and Dr. Mock. The Circuit Court denied Defendants Motion to Dismiss finding that the Plaintiff could maintain a claim under the Medical Professional Liability Act (MPLA) and that Defendants were not entitled to qualified immunity.


Mrs. Morgan and Mrs. Hammond argued that Defendants were entitled to qualified immunity and that the MPLA did not apply. Following oral argument, the Supreme Court agreed finding that DHHR and Dr. Mock did not provide health care services to either a patient or a person resulting in death or injury, as defined by the MPLA. In reversing the Circuit Court decision, the Supreme Court found that Defendants were entitled to qualified immunity because the alleged negligent actions were discretionary, not in violation of any clearly established statutory or constitutional rights or laws and were not otherwise fraudulent, malicious, or oppressive. The case is remanded back to the Circuit Court with directions to grant the Motion to Dismiss.


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