Etheridge v. Medical Center Hospitals,

376 S.E.2d 525 (Va. 1989)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Wilson, a 35-year-old mother of three children, was a normal, healthy woman. On May 6, 1980, she underwent surgery at the hospital to restore a deteriorating jaw bone. When surgery was finished, she was brain damaged with limited memory and intelligence. She is paralyzed on her left side, confined to a wheelchair, and unable to care for herself or her children. At the time of trial, Wilson had expended more than $300,000 for care and treatment. She will incur expenses for her care the remainder of her life. Her life expectancy is 39.9 years. Wilson, a licensed practical nurse, earned almost $10,000 in 1979, the last full year she worked. She contends that she proved an economic loss 'in excess of $1.9 million.' The jury returned a verdict for $2,750,000 against both Ds. The trial court, applying the recovery limit prescribed in Code § 8.01-581.15 (1977 Repl. Vol.), reduced the verdict to $750,000 and entered judgment in that amount. Wilson appeals. Wilson contends that Code § 8.01-581.15 violates the Virginia Constitution's due process guarantee, jury trial guarantee, separation of powers doctrine, prohibitions against special legislation, and equal protection guarantee, as well as certain parallel provisions of the Federal Constitution.