McGraw v. St. Joseph’s Hospital
West Virginia Supreme Court
488 S.E.2d 389 (1997)
Robert McGraw (plaintiff) was admitted to St. Joseph's Hospital (defendant) for shortness of breath and, on two separate occasions during his stay, was dropped onto the floor by hospital personnel attempting to move or lift him into bed, suffering injuries both times. He sued for negligence, and after discovery, St. Joseph's won summary judgment on the ground that McGraw had failed to produce expert medical testimony showing the hospital deviated from the applicable standard of care, which the trial court held state law required. McGraw appealed.
Whether, in a negligence action against a health care provider, a plaintiff must produce expert medical testimony to show that the applicable standard of care was violated in matters of nonmedical, administrative, ministerial, or routine care provided by a hospital.