Malpractice Case Goes Forward on “Chain of Command” Claim
A West Virginia appellate court held that summary judgment for the hospital was improper because the plaintiff’s expert testimony was sufficient to create a genuine issue of material fact on causation in this medical malpractice case. Specifically, the experts’ testimony that hospital staff should have escalated a patient’s worsening condition through the chain of command was a sufficient claim to reach a jury. The appellate court therefore reversed the circuit court’s order and remanded for further proceedings, emphasizing that any weaknesses in the experts’ opinions went to their weight, not sufficiency, at summary judgment. Hernandez v. City Hospital, Inc.