“The majority quickly and tersely distinguishes this case—not because the allegations, cause of action, or underlying conduct is substantially different—but simply because the decedent in Ricottilli was a ‘prior patient.’ …,” Justice William R. Wooton wrote in a dissenting opinion. “In other words, because the decedent in Ricottilli entered the hospital alive and was given a patient identification and registration, the decedent was the ‘patient’ to be evaluated under the MPLA’s definition. However, because CAMC does not provide a stillborn fetus a separate patient identification or registration, the majority concludes that A.C.L.’s mother—respondent Angela Lester—is the relevant ‘patient’ who triggers the application of the MPLA.”

       

Cindy Speaker

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