Miller v. Am. Red Cross

NEGLIGENCE

Miller v. Am. Red Cross, No. Civ.A. 1:05CV71 (N.D. W. Va. Feb.
28, 2006)

The United
States District Court for the Northern District of West Virginia held that
a claim that a hospital negligently screened and/or prepared blood used during
a transfusion was a claim to be properly pled under the West Virginia Medical
Professional Liability Act. The patient argued that the claim was one of
ordinary negligence because he did not allege that the transfusion itself was
performed negligently, but that the hospital negligently prepared the blood
used during the medical procedure. The court disagreed, finding that the Act
covered the patient’s cause of action. It dismissed the case without prejudice
so that the patient could amend his complaint to conform to the Act’s requirements,
including the submission of a certificate of merit.