CHARLESTON — The West Virginia Supreme Court of Appeals ruled that a case against the chief medical examiner alleging violations of the Medical Professional Liability Act should be dismissed.
In the case, the West Virginia Department of Health, Office of the Chief Medical Examiner, and Dr. Allen R. Mock appealed a Kanawha Circuit Court decision denying their motion to dismiss a complaint filed by Dr. Patsy Cipoletti, Jr., the administrator of the estate of June Cipoletti.
Chief Justice Tim Armstead authored the majority opinion.
The respondent accused the petitioners of violating the MPLA by negligently determining June Cipoletti’s cause of death, according to the May 21 opinion.
The petitioners argued that the MPLA claim was invalid because the decedent did not meet the definition of “patient” and they did not provide medical services resulting in injury or death.
They argued qualified immunity based on the argument that the respondent's complaint did not state a proper claim under the MPLA and should only be considered under common-law negligence, which is barred by qualified immunity.
June Cipoletti died on Jan. 9, 2017, and Mock, the chief medical examiner, conducted an autopsy. Mock’s report concluded that she died from right temporoparietal cerebral infarction due to atherosclerotic cardiovascular disease, with contributing factors including hypertensive cardiomegaly, dilated cardiomyopathy, and acute on chronic alcohol intoxication. He ruled the manner of death as accidental.
The respondent filed a lawsuit alleging that the petitioners negligently determined the cause of death, particularly disputing the role of alcohol in June Cipoletti’s death and arguing that her death should have been categorized as natural. The complaint sought correction of the death certificate, legal costs, monetary compensation for emotional distress and punitive damages against Mock.
The circuit court denied the petitioner's motion to dismiss, concluding that the MPLA applied and that the petitioners were not entitled to qualified immunity. The court ruled that the respondent's claims fell within the sphere of Mock's medical profession, hence falling under the MPLA and invalidating the qualified immunity defense.
The appellate court agreed with the petitioners, focusing on the doctrine of qualified immunity which protects public officials performing discretionary functions unless their actions violate clearly established statutory or constitutional rights or are otherwise fraudulent, malicious, or oppressive.
The court found that the petitioners’ actions, including performing the autopsy and determining the cause and manner of death, were discretionary functions under West Virginia law. These functions provided Petitioners with qualified immunity as they did not violate any clearly established rights or laws.
The court noted that although the MPLA can apply to non-patient claims, these must still involve “medical professional liability” resulting in injury or death.
"Instead, Dr. Mock performed an autopsy on a decedent and completed a report and a death certificate listing the manner and cause of death," Armstead wrote in the opinion. "Because Petitioners did not provide health care services to a patient or a person resulting in injury or death, Respondent has not stated a claim for 'medical professional liability' under the MPLA. Accordingly, we find that Respondent has failed to plead a viable MPLA cause of action against Petitioners and that the circuit court erred by concluding that 'Dr. Mock’s actions clearly fall under and are governed by' the MPLA."
Since Petitioners did not provide health care services to a patient or a person resulting in injury or death, Respondent failed to state a claim under the MPLA, Armstead wrote.
Without a valid MPLA claim, the remaining claim was common-law negligence. The negligence claim was also barred because the petitioners’ actions were discretionary and protected by qualified immunity.
Therefore, the appellate court reversed the circuit court’s order, remanding the case for entry of an order granting the petitioners’ motion to dismiss, Armstead wrote.
The petitioners were represented by Kelly C. Morgan and Kristen V. Hammond of Bailey & Wyant in Charleston.
The respondents were represented by Richard Lindsay II and Dr. Richard Lindsay of Tabor Lindsay & Associates in Charleston.
Attorneys for the respondents declined to comment. Attorneys for the petitioners did not respond to requests for comment.
West Virginia Supreme Court of Appeals case number: 23-135