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Courts Ruling on Medical Malpractice Caps in West Virginia

Posted on Mar 25, 2011

March 25, 2011 - Evans, W.Va. - According to the Charleston Daily Mail, state courts will be ruling on medical malpractice caps in West Virginia.

Earlier this month the West Virginia Supreme Court heard arguments on an issue that could affect you if you are involved in a medical malpractice lawsuit in West Virginia. The arguments were based on reforms passed by West Virginia's legislature in 2003 with regard to medical liability.

The 2003 reforms served to stop so-called frivolous medical malpractice lawsuits against healthcare providers, which have seen a significant drop since its inception.

Included in the reforms were caps on medical malpractice damages, with a limit of $250,000 on non-economic damages. Caps were set higher - at $500,000 -for those involving loss of limb, permanent disability and death.

These medical malpractice caps are now being appealed. This stems from a case involving a physician and the hospital of employment, City Hospital of Martinsburg, who were found to be negligent in treating a patient, James MacDonald. The jury awarded the plaintiff damages that exceeded the medical malpractice cap by almost $1 million.

Though the healthcare industry continues to express concerns about how raising the cap may lead to an increase in healthcare costs, many victim advocates have derided the medical malpractice caps as being unfair to those who have suffered significant, life-altering injury.

If you have been injured as a result of medical negligence you may be entitled to seek compensation through a medical malpractice claim. A Clarksburg medical malpractice attorney can help keep you updated on all of the latest news in relation to medical malpractice caps in West Virginia and how they will affect your potential case.

Contacting a Clarksburg Medical Malpractice Attorney

The Miley Legal Group will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today to schedule a no-cost consultation - 304-326-1800