In today’s blog, we’d like to talk to you about a new piece of legislature that may affect you if you have suffered an injury due to medical malpractice.
What is it?
The West Virginia Legislature has placed “caps” on damages in medical malpractice actions. Simply, these “caps” limit the amount of damages that you are entitled to in the event that your doctor injured you through an act of medical malpractice. The limits on damages apply to what is known as “non-economic damages.” These are the damages that include pain and suffering, mental anguish and loss of enjoyment of life. Medical bills and loss of wages are not capped by West Virginia law.
What does this mean?
The limits on non-economic damages generally take two forms. If your doctor committed an act of malpractice which resulted in death, permanent and substantial physical deformity, loss of use of a limb or loss of a bodily organ system or permanent physical or mental function, the non- economic damages limit is five hundred thousand dollars ($500,000). However, if your doctor’s malpractice did not result in one of these conditions, then the limit for non-economic damages is two hundred fifty thousand dollars ($250,000). The lawyers at the Segal Law Firm will be able to work with the expert witnesses in an effort to prove what category of damages your case fits into.
Have you suffered an injury due to medical malpractice? If so, contact the Segal Law Firm today for a consultation.