| |
WV Med Mal Cap Challenged
|
|
| |
Critical Advocacy Update!
The challenge is here! We've been expecting this for several years now since the passage of our comprehensive medical liability reform legislation (HB 2122) in 2003. A case challenging the non-econimic damages cap has just been accepted to be heard by the WV supreme Court of Appeals.
On April 15, the WV Supreme Court voted 4-1 to accept the petition for appeal in McDonald v. City Hospital, Inc. The case involves an MPLA verdict for non-economic loss to the plaintiff and his wife (loss of consortium) reduced by the circuit judge pursuant to the $500,000 cap in W.Va. Code § 55-7B-8. Plaintiffs challenged the constitutionality at the circuit court level and pursued the issue on appeal. Justice Ketchum was the one dissenting vote. Justice McHugh recused himself because he is on the Board of Trustees of Thomas Hospital, and Chief Justice Davis replaced him with Circuit Judge Ronald Wilson. The briefing and oral argument schedule is yet to be set.
The WVSMA is taking this challenge very seriously and we will be gearing up to engage in this battle. Now is the time for physicians to stand together. We will be gathering more information regarding this case and disseminating it to our members soon.
|
|
|
Top
|
|
April 19, 2010
|
