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Supreme Court Upholds Cap On Medical Malpractice Damages

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posted by alias searchwizd on Thursday 23rd of June 2011 09:30:03 AM

The state Supreme Court has upheld a decision from a Berkeley County Circuit Judge on a medical malpractice case. On Wednesday, the Court released its opinion on James MacDonald versus City Hospital and Doctor Sayeed Ahmed. The case started when MacDonald and his wife filed a negligence lawsuit in 2007 because they claim James was given prescription drugs he should not have been given, based on his medical history, when he was admitted to City Hospital in Martinsburg in 2004. He was being treated for Type II diabetes, shortness of breath and pneumonia. The claim was that MacDonald was permanently injured because of the negative interactions between the drugs. Hospital officials denied that at trial, saying they properly checked for possible bad interactions and warned the MacDonalds about side effects. After hearing evidence during a trial in 2008, a jury awarded $1.5 million to the MacDonalds for what are called noneconomic losses. A Berkeley County judge reduced that to $500,000 to comply with the state cap on such losses. In the opinion, the Court found that the state limit on compensatory damages for medical malpractice to be constitutional and kept the amount at $500,000. The MacDonalds had wanted the full award, while those with City Hospital were arguing for $250,000. Reference: Metro News, June 23, 2011 www.medical-malpractice-attorneys-and-lawyers.com



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