The House Judiciary Committee has
passed and sent to the floor another in a series of legal reforms that have so
far dominated this legislative session. SB 6, the Medical Professional
Liability Act, expands the caps on medical malpractice damages to include more
health care providers, including nursing homes and pharmacies.
The bill, pushed by the Republican
majority, survived more than 20 attempts by Democrats on the committee to amend
the bill. The Senate passed the bill earlier with bi-partisan support 31-1-2.
The impetus for the bill was a 2011
verdict in Kanawha County Circuit Court in the case of Dorothy Douglas. The
jury awarded $90 million in damages, finding that Douglas
died after suffering dehydration and acute renal failure following her stay at
the former Heartland of Charleston nursing home.
The state Supreme Court later
lowered the verdict to $32 million, but the case still bolstered the argument
by Citizens Against Lawsuit abuse that West
Virginia
Under the bill approved Wednesday,
non-economic damages in the nursing home case would have been limited to
$500,000.
During the committee debate, Delegate Kelli Sobonya (R-Cabell)
referenced the Douglas case, saying West
Virginia Douglas and was at
the committee meeting, later refuted the charge.
