West Virginia Legislating to put Monetary Cap on Non-Economic Damages Against Skilled Nursing Facilities

Written by Adam Peck Category: Nursing Home Abuse & Neglect March 7th, 2013 3 min read

A limit would be placed on the amount nursing homes would be forced to pay if sued under a bill passed by the West Virginia Senate.

The measure explicitly includes nursing homes under the protections of a 2003 law that places limits on medical malpractice suits. The Medical Professionals Liability Act places a $500,000 cap on the non-economic damages for which health care providers are liable.

In a high profile 2011 case, a jury found Heartland nursing home in Charleston liable for $90 million in damages for the dehydration death of an 87-year old woman. this bill would not apply retroactively to that case, but even if it did, the vast majority of the $90 million verdict would be unaffected.

Of the total amount awarded, approximately $80 million was in punitive damages, which are not affected by the liability act. The bulk of the remaining $10 million was awarded for non-medical negligence. The judge ruled, in essence, that because the woman died from dehydration, it was not a doctor or medical error and was not covered by the liability law. The case is being appealed and is pending before the state Supreme Court

Sen. Truman Chafin, a prominent trial lawyer, was the only member of the Senate to vote against the bill.

“I don’t think nursing homes should ever be covered under the MPLA,” Chafin said. “They’re not doctors.”

The West Virginia Association for Justice a group representing plaintiffs’ lawyers, called the bill unnecessary.

“Nursing homes are already identified as medical providers under West Virginia’s existing Medical Professional Liability Act,” said Scott Blass, the group’s president. “This is an attempt by nursing homes to try to further limit their liability when their patients are harmed.”

Wednesday was the second consecutive day that the Senate passed a bill limiting the power of injured parties to sue. On Tuesday the Senate passed a bill that limits the ability of all trespassers to sue property owners if they are injured.

The PECK LAW GROUP specializes in personal injury matters relating to Serious and Catastrophic Injury, Nursing Home Abuse and Neglect, Bed Sores, Decubitus Ulcers, and Pressure Sores, Medical Malpractice, Surgery Errors, Traumatic Brain Injury, Birth Injury and Wrongful Death that are determined to be a breach of the standard of care. Our experts and our attorneys have superior knowledge and know how in handling these type of matters from inception to Trial if need be. You will receive superior representation and of course the best possible result based upon our know how and expertise.

Call us Now. THE PECK LAW GROUP In Southern California at (818) 908-0509; In Northern California at (925) 808-5708; or all across the United States toll free at (866) 999-9085

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Written by Adam Peck

Expertise: Personal Injury

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.