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.
IW