A West Virginia medical malpractice lawsuit filed on January 21, 2022 in Winchester Circuit Court seeks $3.5 million in compensatory damages from four doctors in West Virginia who allegedly failed to advise her that her MRI brain scan at Winchester Medical Center (WMC) in 2013 showed a brain lesion.
Brenda Leake Shoger alleges in her West Virginia medical malpractice lawsuit filed against three doctors employed by Winchester Emergency Physicians and one doctor employed by Valley Hospitalists that she went to WMC on June 8, 2013, complaining of fever, a headache, and sweats. An MRI of her brain was ordered that was performed the next day which allegedly showed “neoplastic lesion” as reported by the radiologist, who recommended follow up treatment to “follow the evolution of this lesion.”
Shoger alleges in her West Virginia medical malpractice lawsuit that the defendant doctors failed to inform her regarding the findings on the brain MRI and failed to recommend follow up care. As a result, the tumor continued to grow and led to brain surgery to remove the tumor in April 2021 at The John Hopkins Hospital in Baltimore, Maryland. Shoger claims that as a result of the defendants’ alleged medical negligence, she experienced fractures, heart problems, and multiple seizures.
Shoger’s West Virginia medical malpractice lawyer wrote, “[She] has incurred additional medical treatment and costs, has endured physical pain and mental anguish and has been disfigured and inconvenienced. [She] has been limited in her normal activities of daily life and has suffered other damages, all of which damages are expected to continue into the future and permanent.”
West Virginia’s Cap On Noneconomic Damages In Medical Malpractice Cases
ARTICLE 7B. MEDICAL PROFESSIONAL LIABILITY.
§55-7B-8. Limit on liability for noneconomic loss.
(a) In any professional liability action brought against a health care provider pursuant to this article, the maximum amount recoverable as compensatory damages for noneconomic loss may not exceed $250,000 for each occurrence, regardless of the number of plaintiffs or the number of defendants or, in the case of wrongful death, regardless of the number of distributees, except as provided in subsection (b) of this section.
(b) The plaintiff may recover compensatory damages for noneconomic loss in excess of the limitation described in subsection (a) of this section, but not in excess of $500,000 for each occurrence, regardless of the number of plaintiffs or the number of defendants or, in the case of wrongful death, regardless of the number of distributees, where the damages for noneconomic losses suffered by the plaintiff were for: (1) Wrongful death; (2) permanent and substantial physical deformity, loss of use of a limb or loss of a bodily organ system; or (3) permanent physical or mental functional injury that permanently prevents the injured person from being able to independently care for himself or herself and perform life-sustaining activities.
(c) On January 1, 2004, and in each year thereafter, the limitation for compensatory damages contained in subsections (a) and (b) of this section shall increase to account for inflation by an amount equal to the Consumer Price Index published by the United States Department of Labor, not to exceed one hundred fifty percent of the amounts specified in said subsections.
(d) The limitations on noneconomic damages contained in subsections (a), (b), (c) and (e) of this section are not available to any defendant in an action pursuant to this article which does not have medical professional liability insurance in the aggregate amount of at least $1 million for each occurrence covering the medical injury which is the subject of the action.
If you or a loved one have suffered serious harm as a result of medical negligence in West Virginia or in another U.S. state, you should promptly find a West Virginia medical malpractice attorney, or a medical malpractice attorney in your state, who may investigate your medical malpractice claim for you and represent you or your loved one in a medical malpractice case, if appropriate.
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