Liability cap under fire by the Supreme Court, west Virginia

15:24 Publicado por Mario Galarza

The current West Virginia medical malpractice liability cap set in 2003 borders also damages to $250,000 in most cases and $500,000 in measures relating to serious or traumatic injury.

The current CAP was in April of this year, when a case on the constitutionality of the law in light of liability. This case occurred at the West Virginia Supreme Court of appeals and 2008 James MacDonald and his wife $ a 1.6 million jury verdict involved. MacDonald became Hospital in Martinsburg, with serious muscle damage after pneumonia treatment at City, WV diagnosed.

MacDonald alleged hospital and doctor put him on a drug regimes which worsened his previous kidney transplant and related conditions, to muscle damage. The doctor and hospital denied fault.

The Berkeley County Court also reduced part of the price, $1.5 million to the $500,000-cap and rejected arguments from the applicants, that the limit of their jury trial and same rights violated.

After this case the High Court has caused directly Macdonald's appeal of the judgment, several members of the medical community W. Virginia legal battle.

Ben glass law provides updates on latest news on liability caps as a service for our customers. We are active with Virginia medical malpractice cases liability cap and their long involved in the reform deserves negatively on victims, which has been shortchanged by its limits. To help your medical malpractice claims, please contact us today - 703 591 9829.

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