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West Virginia High Court Decides Medical Practice Liability Act Not Applicable to Prison System
Loaded on Jan. 1, 2024
by David Reutter
published in Prison Legal News
January, 2024, page 59
Filed under:
Primecare Medical,
State Law Claims,
Medical Neglect/Malpractice,
Drug Treatment/Rehab,
Failure to Treat (Mental Illness),
State Statutes.
Location:
West Virginia.
by David M. Reutter
In June 8, 2023, the Supreme Court of Appeals of West Virginia held that the Medical Professional Liability Act (MPLA), W. Va. Code §§ 55-7B-1 to 12, does not apply to the state Division of Corrections and Rehabilitation (DCR).
Before the court was …
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More from this issue:
- See No Evil, Hear No Evil, Treat No Evil: Centurion and the Curse of For-Profit Prison Healthcare, by J.D. Schmidt
- From the Editor, by Paul Wright
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- Misadventures in Mail Censorship, by Robert Schaeffer
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- Record-Setting $7 Million Settlement Caps LaSalle’s Legacy at Texarkana Jail, by Matthew Clarke
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- Washington Agencies Sanctioned for Discovery Violations Reach $3.1 Million Settlement with Disabled Woman Allegedly Abused at State Sanctioned Home
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- N.H.’s First Black Sheriff Charged With Embezzling $19,000
- Former Florida Guard Gets Five Years for Fatal Assault on Mentally Ill Prisoner
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- “Brushed It Under the Rug”: Investigation Refutes Florida Sheriff’s Story About Jail Detainee’s Death
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- $10,000 Verdict for Fired Guard’s Failure to Protect Louisiana Prisoner From Stabbing, by David Reutter
- $9,000 Settlement for Florida Prisoner’s Retaliation and Excessive Force Claims Against Guards, by David Reutter
- Wisconsin Supreme Court: Jail Time Must Be Credited When Charge Causing Jailing Read in At Sentencing, by Matthew Clarke
- The Good That Prisoner Rights Lawyers Do
- Oklahoma Prisoner Uses COVID-19 Stimulus Check to Overturn Conviction
- New Head of “Constitutional Sheriffs” Calls MLK a “Thug”
- Eleventh Circuit Addresses First Amendment, Due Process Interests in Georgia Prisoner Emails
- Second Circuit Strips Qualified Immunity from Connecticut Officials Who Ignored Prisoner’s Scalp Lesions, by David Reutter
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- Seventh Circuit Reinstates Illinois Prisoner’s Claim Against Kitchen Supervisor for Scalding From Spilled Hot Water
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- Ed Mead: Rest in Power, by Paul Wright
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- News in Brief
More from David Reutter:
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- Michigan Appeals Court: Witnesses Cannot be Forced to Wear Jail Clothes at Trial, Aug. 1, 2026
- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026
- Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026
- Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b), April 1, 2026
- California Court of Appeal Announces Plea Agreements Cannot Bar § 1172.1 Resentencing, Holds Merit-Based Denial of Petition Is Appealable, April 1, 2026
- Georgia Supreme Court Clarifies That Failure to Object to Ineligible Juror Does Not Constitute Waiver Unless Party Knew or Could Have Discovered Ineligibility Through Ordinary Diligence, April 1, 2026
- Washington State Guard’s Conviction Affirmed in Self-Inflicted Gunshot Wound Scheme, March 1, 2026
More from these topics:
- $4.5 Million Paid by Cook County for Detainee Suicide in Chicago Jail, Aug. 1, 2026. Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Suicides, Administrative Detention/Segregation, Deliberate Indifference.
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- Oregon Agrees to $2.3 Million Settlement After Guards Toss Mentally Ill Prisoner in Solitary, Taunt Him Until He Kills Himself, Aug. 1, 2026. Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness), Suicides, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- $10.19 Million Paid for Retired California Prison Guard’s Death in Colorado Jail, Aug. 1, 2026. Failure to Treat, Stun Guns/Tasers, Failure to Train/Supervise, Medical Neglect/Malpractice, Deliberate Indifference.
- $3.25 Million Paid by Georgia After Prisoner Bakes to Death in Outdoor Recreation Cage, Aug. 1, 2026. Failure to Treat, Exposure to Heat, Settlements, Medical Neglect/Malpractice, Deliberate Indifference.
- $1.2 Million for Elderly Detainee Shoved Out the Door of Sacramento Jail by Guard, Aug. 1, 2026. Guard Brutality/Beatings, Americans with Disabilities Act, Rehabilitation Act, Failure to Treat (Mental Illness), 42 U.S. Code § 1983, civil action for deprivation of rights.
- $100,000 Paid to New York Detainee Whose Infant Died in Syracuse Jail, Aug. 1, 2026. Naphcare, OB/GYN, Failure to Treat, Medical Neglect/Malpractice, Deliberate Indifference.
- Nevada Prisons Are Facing a Medical Crisis Due to Understaffing, Aug. 1, 2026. Systemic Medical Neglect, Failure to Treat, Eighth Amendment, Staffing, Medical Neglect/Malpractice.
- Court Records Reveal Alabama DOC Guard Ignored Stabbed Prisoner, Aug. 1, 2026. Guard Misconduct, Medical Misconduct, Failure to Treat, Medical Neglect/Malpractice, Deliberate Indifference.
- Tulsa Jail Shutting Down After Investigative Reporting on Detainee Deaths, Aug. 1, 2026. Contractor Misconduct, Systemic Medical Neglect, Staffing, Medical Neglect/Malpractice, Failure to Treat (Mental Illness).

