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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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- $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
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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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- The “Lunacy Zone:” How Mississippi Jails 700 Mentally Ill People a Year Without Charges
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- News in Brief
More from David Reutter:
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- Nevada Prisoners, Families Call Out Predatory Tablet Program, Sept. 1, 2026
- Fourth Circuit: Error in Granting Judgment Prior to Adjudging Spoliation Motion, Sept. 1, 2026
- Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026
- Tenth Circuit: Colorado Governor Unentitled to Eleventh Amendment Immunity on Claim Related to DOC Religious Policies, Aug. 1, 2026
- 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
More from these topics:
- Eleventh Circuit Upholds Most of Relief Ordered in Class-Action Lawsuit Challenging Unconstitutionally Inadequate Mental Health Care in Alabama Prisons, Oct. 1, 2026. Eighth Amendment, Staffing, Injunctions (PLRA), Failure to Treat (Mental Illness), Suicides.
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- Last of Three Oklahoma Jail Death Settlements Totaling $66.5 Million Paid for Fatal Dehydration of “Cookie Queen”, Oct. 1, 2026. Diabetes, Settlements, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Deliberate Indifference.
- $3.75 Million Paid by Wisconsin After Mentally Ill Prisoner Dies of Dehydration, Oct. 1, 2026. Water, Settlements, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Deliberate Indifference.
- Mississippi DOC Held Mentally Unwell Prisoners in Solitary, Many Died Because of It, Sept. 1, 2026. Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness), Suicides, Staff Training, Deliberate Indifference.
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- New Commission to Investigate Death and Abuse of 230 Black Children at Segregated Maryland Reformatory, Sept. 1, 2026. Racial Discrimination, Prison Labor, Medical Neglect/Malpractice, Excessive Force (Wrongful Death), Juvenile Prisons.
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- Court Shuts Down Arizona Attempt to Fill Medical Staff Vacancies with Under-Qualified Providers, Sept. 1, 2026. Systemic Medical Neglect, Staffing, Injunctions, Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness).

