Medical Malpractice Award Cap Proposal Passes WV House

A proposed bill that would place medical malpractice award caps on lawsuits involving nursing homes passed the West Virginia House of Delegates last week. The bill must pass the state Senate and be signed by the Governor before it becomes law. Supporters of the bill maintain that medical malpractice award caps will keep doctors and nursing homes from fleeing the state. Opponents believe that the caps favor insurance companies over patients.

Multi-Million Dollar Verdict Spurs Medical Malpractice Award Caps

The case of Dorothy Douglas has become a symbol for both sides of the medical malpractice award cap argument. Ms. Douglas, 87, was transferred to a hospital intensive care unit after spending only 19 days in a Kanawha County nursing home. She later died from the effects of dehydration. In 2011, the Douglas family sued a local nursing home for medical malpractice. A jury awarded the Douglas family $90 million in non-economic damages, but the state Supreme Court lower the award to $38 million.

Nursing Homes, Insurance Companies Favor Medical Malpractice Award Caps

Attorneys for the nursing home maintained that the facility should be covered under the state’s laws regarding medical malpractice award caps. These laws limit damages in fatal cases to $500,000, but do not include nursing homes. Denise Campbell, a nursing home administrator and member of the state’s House of Delegates, cited that medical malpractice insurance costs across the state have risen from $151 per bed in 1999 to $1,256 per bed in 2015. She maintains that the medical malpractice award caps will allow nursing homes to keep care affordable.

Medical Malpractice Award Cap Exceptions Rejected

Delegates proposed exceptions for the nursing home medical malpractice award caps on non-economic damages. The proposal would call for the removal of the medical malpractice award caps if nursing home records had been falsified or altered, if the nursing home had shown regular patterns of understaffing, or if a felony or misdemeanor had been committed by the staff against the patient. None of the exceptions received enough votes to be included in the proposal, which passed by a vote of 76-21.

Delegate: Medical Malpractice Award Caps “Give Immunity”

Despite the overwhelming vote in favor of the medical malpractice award caps, many delegates expressed concern about how the bill would affect patients. Delegate Stephen Skinner told a local newspaper that the bill serves “to give immunity to the corporate parent” of poorly-run nursing homes. Delegate Tim Manchin, who authored the rejected exceptions with Delegate Skinner, said that the medical malpractice award caps are “about…protecting corporations” and that supporters are “making economic decisions in a vacuum.”

Sources: Insurance News Net
Charleston Gazette

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