Caps on Medical Claims Continues to Court Controversy
- posted: Jan. 06, 2022
Mistakes happen and, unfortunately, the medical profession is not immune to simple human error. Doctors and medical professionals, as well as the hospitals and institutions in which they work, are obligated to carry professional liability insurance to compensate those who have suffered loss or injury because of negligence or mistakes. Equally important to good insurance coverage is having professional liability defense in West Virginia who understands the rules and regulations of the professional insurance system.
Malpractice claims in West Virginia are on the rise. Increases in insurance payouts force insurance rates up, and in extreme cases, lead to insurers leaving the market. In order to reduce these payouts, the West Virginia legislature has capped the amount that can be awarded in a medical malpractice claim at $250,000. In serious cases, the cap is $500,000.
Caps on liability have caused controversy with some patient advocates claiming that they are unconstitutional. Nevertheless, in a variety of cases before West Virginia Supreme Court, the cap has been tested and continues to be declared constitutional.
The professional liability defense lawyers in Kentucky at Pullin, Fowler, Flanagan, Brown & Poe represent medical professionals as well as attorneys, engineers, architects and other professionals facing negligence claims. Contact our professional liability defense team for a full and honest appraisal of your case.