As a physician, try to imagine a $91.5 million damages award against your staff due to a negligence lawsuit. Could malpractice caps on pain and suffering damages really reduce that figure to around $500,000 on appeal?
The West Virginia Supreme Court appears likely to be faced with such a determination in the near future. A jury awarded a plaintiff and his family $91.5 million – the majority of which was non-economic pain and suffering damages – after finding that a nursing home caused the death of his mother. The lower courts found that nursing home staff did not constitute “health care providers” under the meaning of the West Virginia statute that caps non-economic damages at $500,000, which is why the jury was able to award such a massive amount of damages. The case will likely be appealed.
As in many lawsuits that go to trial, small distinguishing facts make this case controversial. Plaintiff’s attorneys contend that because nursing aides are not qualified to give medication to patients in the way that a licensed physician could, little or no medical negligence actually occurred in this case. The jury found that there was 20 percent medical negligence and 80 percent ordinary negligence. Ultimately, however, the West Virginia Supreme Court will have to determine the breadth of the state’s controversial medical malpractice damages caps that were promulgated in 2003.
Many West Virginia physicians have found the caps to be a great success, as some medical malpractice insurance premiums have been halved in the past five years. Generally speaking, the broader the high court finds the medical malpractice cap statute to be, the more that could push medical liability insurance premiums down, although there are obviously numerous economic variables that affect insurance rates.
Malpractice Insurance Agency provides quote comparisons to doctors and surgeons in West Virginia and across the nation. Whether you practice in a state that has a medical malpractice non-economic damages cap or otherwise, we will find policies that offer you the best cost to coverage ratios for your specialty in your location. Request quotes today and discover the malpractice insurance options available to you.
