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Osborne v. United States
Citations: 166 F. Supp. 2d 500; 2001 U.S. Dist. LEXIS 21946; 2001 WL 1141308Docket: CIV.A. 2:99-0759
Court: District Court, S.D. West Virginia; September 20, 2001; Federal District Court
The United States District Court for the Southern District of West Virginia, in the case of Gorman Dale Osborne et al. v. The United States of America, presented a certified question to the Supreme Court of Appeals of West Virginia regarding the interpretation of the West Virginia Medical Professional Liability Act (MPLA). The key legal question certified is whether the MPLA allows a third party to bring a cause of action against a health care provider for foreseeable injuries resulting from the provider's negligent treatment of a patient. The court noted that there is no controlling appellate decision, constitutional provision, or statute addressing this issue in West Virginia. The certification order included relevant facts from a trial held in July 2001, where the parties could not agree on a statement of facts, leading the court to prepare its own findings. The MPLA defines "medical professional liability" as liability for damages resulting from death or injury due to tort or breach of contract related to health care services rendered by a health care provider. The court highlighted that, traditionally, a physician-patient relationship is necessary for a medical malpractice claim, referencing prior case law. Given the potential implications for legal and public policy, the court deemed it necessary to seek clarification from the state’s highest court on the matter. The Supreme Court of Appeals retains the authority to rephrase the certified question as it sees fit.