WV Debates Medical Malpractice Caps

by Emily Mapp Brannon ebrannon@hsinjurylaw.com

Emily is a Virginia injury attorney who handles car accidents, medical malpractice, FELA, wrongful death, etc.

3/4/2011
Emily Mapp Brannon
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West Virginia (WV) Jurists Debate Medical Malpractice Caps

The winners of a $629,000 judgment in a medical malpractice suit will soon plead a case that states the cap on their recovery violates the West Virginia (WV) Constitution.

On Tuesday, March 8, 2011, judges will hear arguments regarding the case of James and Debbie MacDonald, who sued their physician and City Hospital in 2007. The victims claimed improper administration of drugs injured James' leg. At the initial trial, jurors awarded James $750,000 for future pain and suffering, $250,000 for past pain and suffering, $92,000 in past medical expenses, and $37,000 in past lost wages. The total compensation was $1,129,000.
Debbie was awarded $500,000 for sorrow, anguish and solace.

However, the judge ruled that the award for non economic damages exceeded a $500,000 limit that WV legislators set in 2003, and he reduced the verdict by $1 million.

Our hearts go out to the victims for all they suffered, and we are glad that they are taking this case even further. Presently, the medical malpractice cap in Virginia (VA) is set at $2 million. Although this may seem like a great deal of money at first glance, when you add up the price of medical treatment, lost wages, pain and suffering, and the myriad other costs of an injury, it can begin to look quite paltry indeed.

If you were injured by a physician or hospital, contact our attorneys to discuss your case in a free consultation.

Category: Medical Malpractice/Doctor Mistakes

Labels: attorneys compensation doctor free consultation hospital injury jury award legal Mapp Brannon medical malpractice medical treatment physician VA victim West Virginia wv

About the Editors: Shapiro, Lewis & Appleton is a Virginia injury law firm whose attorneys focus on personal injury and accident law and have extensive experience handling medical malpractice and doctor mistake cases. Please take a few moments to review our medical malpractice case results. We have offices in Virginia Beach and Hampton, VA, but we're ready to come to you anywhere in Virginia, including Norfolk, Portsmouth, Chesapeake, Newport News and Suffolk, VA, if you've been seriously hurt by the carelessness of a doctor, surgeon, nurse or pharmacist.

Rick Shapiro and James Lewis have been recognized as among the Best Lawyers in America since 2008. Also, Rick and Jim have been named Virginia Super Lawyers for Personal Injury Law since 2010. Fewer than 5 percent of lawyers are chosen for this professional honor.

Members of our VA personal injury law firm have also been selected by the National Million Dollar Advocates Forum since 2009. In addition, we were the first injury law firm in Virginia to join Primerus, a select group of highly ethical and respected law firms. Our VA medical malpractice firm has the highest rating of AV from Martindale-Hubbell, a national lawyer ranking organization, which means we have a reputation for preeminent legal skill.

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West Virginia (WV) Jurists Debate Medical Malpractice Caps

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