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West Virginia Medical Malpractice Lawsuit Laws in Jeopardy


Laws that have been in place since 2003 in West Virginia are now coming under attack. In 1986 lawmakers approved a cap of $1 million in awards made by juries in medical malpractice cases. The $1 million limit was only on non-economic damages, which left juries the ability to award other malpractice funds when damages could be proved. According to a New York Medical Malpractice Lawyer, in 2003 lawmakers in the state went further and placed a $250,000 cap on non-economic damages, unless death, permanent disability or the loss of limbs were involved, and then the cap was $500,000.

In both 1991 and 2001, Justices of the West Virginia Supreme Court upheld the $1 million cap. Now, however, the lower cap is being appealed because of a lawsuit involving the City Hospital of Martinsburg and a physician at that hospital.

A Spokesperson stated that in the case, the jury has found negligence was involved while treating the plaintiff or misdiagnosis, however, the jury has award the plaintiff an amount exceeding the cap by over $1 million.

High Court Justices in places like Nassau and Suffolk Counties must now decide whether the jury’s award should be overturned, or whether it should stand. Higher awards (or an overturn of the cap all together) could cause medical malpractice insurance to rise. This rise could cause doctors to not be able to practice medicine in the state, something that took place before the original cap in 1986, reported a Medical Malpractice Lawyer from NYC. This review of medical malpractice caps comes on the brink of a national review as called for by President Obama.

If you or a family member has suffered an injury due to medical malpractice, a New York Medical Malpractice Attorney may be able to help you receive the benefits you deserve. A New York Medical Malpractice Attorney will fight for your rights and help you get the compensation you deserve. The firm of Stephen Bilkis & Associates and its New York Medical Malpractice Lawyers with convenient locations in the New York Metropolitan Area, including Brooklyn, NY, can be of invaluable assistance to you if you find yourself a victim of medical malpractice. Enduring pain, disfigurement and financial anguish without professional representation is not the path you should choose.

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