Malpractice Caps Challenged in West Virginia

An article in Renal & Urology News reports on a West Virginia couple challenging that state's medical malpractice award caps. According to the article, West Virginai has a cap of $500,000 for pain and suffering. The couple, who were awarded by a jury $1.5 million in damages and $129,000 for medical expenses and lost wages, have had their award cut to $500,000 combined.

According to the report:

"The couple is arguing that the law capping damages is unconstitutional because it interferes with the right to a trial by jury, and it prevents the jury from making the ultimate decision in the case. The case has been appealed to the West Virginia Supreme court."

Read the full article: West Virgina Malpractice Award Caps Challenged.