Medical Malpractice Attorneys and Judge Fight Caps on Damages

Circuit Judge, Ronald Wilson, joined the West Virginia Supreme Court on a temporary basis to hear a challenge to the state's law which capped non economic medical malpractice damages. Medical malpractice attorneys say that Wilson, although his position was not a majority among the court, acted as a strong advocate for victims of medical negligence who may seek damages. Some argue that non-economic damages, such as pain and suffering, are frivolous and should not exceed a certain amount for victims and their families. Wilson combated this argument by saying, "spend a day in their shoes if you think mental pain and loss of enjoyment are … [Read more...]