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Updated: 1:09 AM Aug 26, 2008
W.Va. Malpractice Cases On the Rise
The number of medical malpractice lawsuits filed in West Virginia is climbing, but not everyone agrees on what that means.
Posted: 1:34 PM Aug 25, 2008Reporter: Associated Press Email Address: news@wsaz.com |
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CHARLESTON, W.Va. (AP) - The number of medical malpractice lawsuits filed in West Virginia is climbing, but not everyone agrees on what that means.
Cabell County Senator Evan Jenkins says the increase could require future legislative action if it doesn't stop.
Jenkins also heads the state Medical Association. He says decisions by the state Supreme Court could also prompt a crisis if the court ever strikes down caps on damages and other major changes made by the Legislature in 2001 and 2003.
But lawyers who represent plaintiffs in malpractice cases say the current rules are already too strict.
Wheeling lawyer Christopher Regan says lawyers are turning meritorious cases away because limitations on damages make it unaffordable for some people.
Regan gave the example of someone on a fixed income facing a damage cap of $500,000 in a case that may cost them more than $150,000.
He says the numbers exclude some people from having their day in court.
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