Etheridge v. Medical Center Hospitals case brief
376 S.E.2d 525 (Va. 1989)
SYNOPSIS:
Plaintiffs, co-committees of the estate of an injured patient, appealed from a judgment of the Circuit Court of the City of Virginia Beach (Virginia), which reduced a jury award in the co-committees' medical malpractice action against defendants, a hospital and the estate of a physician, to the maximum damage award allowed under Va. Code Ann. § 8.01-581.15 (1977 Repl. Vol.).
OVERVIEW: Co-committees of an injured patient's estate brought a medical malpractice action against a hospital and the estate of a physician, after the patient suffered brain damage and paralysis following surgery. A jury returned a $ 2,750,000 verdict for the co-committees. The trial court reduced the jury award to $ 750,000 as required by Va. Code Ann. § 8.01-581.15 (1977 Repl. Vol.), which limited damage awards in medical malpractice actions to that amount. The co-committees appealed and attacked the validity of § 8.01-581.15 on various constitutional and statutory grounds. The court affirmed and held that § 8.01-581.15 did not violate the due process, jury trial, or equal protection guarantees of the Virginia or United States Constitutions.
HOLDING:
The court held that § 8.01-581.15 did not violate the separation of powers doctrine and prohibitions against special legislation under the Virginia Constitution.
ANALYSIS:
The court also held that the co-committees could not recover the full amount of the jury award against the hospital under Va. Code Ann. § 8.01-38 (1984), and that Va. Code Ann. § 8.01-581.15 prevailed over Va. Code Ann. § 8.01-38.
OUTCOME: The court affirmed the judgment that reduced, pursuant Virginia statute, a jury award for the co-committees of an estate of an injured patient in a medical malpractice action against a hospital and the estate of a physician. The court held that the Virginia statute limiting the award did not violate the Virginia and United States Constitutions.
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376 S.E.2d 525 (Va. 1989)
SYNOPSIS:
Plaintiffs, co-committees of the estate of an injured patient, appealed from a judgment of the Circuit Court of the City of Virginia Beach (Virginia), which reduced a jury award in the co-committees' medical malpractice action against defendants, a hospital and the estate of a physician, to the maximum damage award allowed under Va. Code Ann. § 8.01-581.15 (1977 Repl. Vol.).
OVERVIEW: Co-committees of an injured patient's estate brought a medical malpractice action against a hospital and the estate of a physician, after the patient suffered brain damage and paralysis following surgery. A jury returned a $ 2,750,000 verdict for the co-committees. The trial court reduced the jury award to $ 750,000 as required by Va. Code Ann. § 8.01-581.15 (1977 Repl. Vol.), which limited damage awards in medical malpractice actions to that amount. The co-committees appealed and attacked the validity of § 8.01-581.15 on various constitutional and statutory grounds. The court affirmed and held that § 8.01-581.15 did not violate the due process, jury trial, or equal protection guarantees of the Virginia or United States Constitutions.
HOLDING:
The court held that § 8.01-581.15 did not violate the separation of powers doctrine and prohibitions against special legislation under the Virginia Constitution.
ANALYSIS:
The court also held that the co-committees could not recover the full amount of the jury award against the hospital under Va. Code Ann. § 8.01-38 (1984), and that Va. Code Ann. § 8.01-581.15 prevailed over Va. Code Ann. § 8.01-38.
OUTCOME: The court affirmed the judgment that reduced, pursuant Virginia statute, a jury award for the co-committees of an estate of an injured patient in a medical malpractice action against a hospital and the estate of a physician. The court held that the Virginia statute limiting the award did not violate the Virginia and United States Constitutions.
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Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?
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