McGraw v. St. Joseph’s Hospital

Facts

Robert McGraw was admitted to St. Joseph’s hospital in West Virginia for shortness of breath. The next day, four hospital workers attempted to lift McGraw into his hospital bed. McGraw, a heavy man, stated that he did not think the four workers could lift him into his hospital bed. The workers dropped McGraw onto the floor, and hospital workers found him lying on the floor the next day. Later in his stay, hospital workers again dropped McGraw onto the floor.

McGraw sued the hospital, claiming that negligent custodial care caused several injuries, including a fractured neck. The hospital filed and was granted a motion for summary judgment on grounds that McGraw had failed to provide expert testimony as to the standard of care a reasonable hospital staff would show in his situation. In particular, the court cited West Virginia statutes and case law that established that in medical negligence cases, a plaintiff must provide expert testimony to establish the standard of care that the defendant medical provider allegedly failed to meet in the case at hand. McGraw appealed, claiming that the rule in West Virginia did not apply to custodial cases.