West Virginia News

New Medical Malpractice Law Challenged by Attorneys

West Virginia’s new medical malpractice law is being challenged by two lawyers who argue that it should not apply to cases retroactively. William Druckman and Richard Lindsay, both attorneys, filed a petition last week asking the state Supreme Court to rule that the new law apply only to cases filed after July 1, 2003.

The medical malpractice law in question includes a $250,000 cap on damages for pain and suffering, or a $500,000 cap if the malpractice causes death, loss of limb, or permanent disability. A $500,000 cap on all damages applies in cases of trauma. The petition states that new law attempts to establish a new statute of limitations without repealing the current 12-year limit for cases involving children.

Lindsay, a West Virginia medical malpractice attorney who represents the parents of toddler Emily King, does not challenge the constitutionality of the law. Emily King’s parents claim that she sustained irreversible brain damage caused by negligent medical care during her birth. They are currently awaiting a hearing before the state Supreme Court, which will not occur prior to July 1.

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