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 frivolous damages.”
Why Should Healthcare Providers Who Negligently Hurt Someone be Protected
Wilson strongly argued that these medical malpractice caps are blatantly favoring a special class of society over the general public. This special class includes medical professionals, corporations, insurance companies, and special interests groups. Malpractice victims may suffer many non-economic damages that will no longer be fully compensated for in states such as West Virginia. Someone who is permanently disfigured, maimed, or handicapped will certainty be owed compensation that exceeds mere medical expenses and future costs. An avid golfer or swimmer who can no longer enjoy these activities, a young child who will never walk or talk, or a woman who can never bear a child are only some of the instances where non-economic damages that exceed a cap may be necessary. Medical malpractice attorneys also have fears that were pointed out by Judge Wilson. He stated,
“an unknown number of medical negligence victims can no longer use the court system because of the cap and the fact that lawyers are no longer willing to risk huge litigation expenses for a low net return for their clients and themselves.“
Medical Malpractice Attorneys in New Jersey and Philadelphia
If you or a family member has recently been the victim of medical negligence, it is possible that you would like to speak with our professionals. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
In one of the suits, Bonita Tomblin is alleging that her late mother, Anoway Rose Smith, died as a result of the nursing home’s “systemic abuse and neglect.” Smith was a patient at the nursing home four separate times between August 25, 2009 and February 2010, and she died on February 23, 2010. According to the lawsuit, Tomblin says her mother suffered “skin breakdown, weight loss and falls” as a result of the neglect from the home. The lawsuit asks for damages for pain and suffering, mental anguish, inconvenience, physical impairment, loss of capacity for the enjoyment of life, aggravation of existing diseases and physical defects, medical expenses and for her death. It also requests punitive damages.
A woman in West Virginia has filed a lawsuit against the nursing home that she believed killed her family member via