Etheridge v. Medical Center Hospitals
Virginia Supreme Court
376 S.E.2d 525 (1989)
Wilson (plaintiff, through Etheridge and Dodd) suffered catastrophic, permanent injuries including brain damage and paralysis from a surgeon's negligence during a jaw-reconstruction procedure, incurring over $300,000 in past medical expenses with substantial future costs projected over her remaining 39.9-year life expectancy; a jury awarded $2.75 million in damages, but the trial court reduced the judgment to $750,000 under a Virginia statute capping medical malpractice damages, enacted to address a growing physician shortage tied to rising malpractice insurance costs.
Whether a Virginia law that limits the amount of damages that a plaintiff may recover in a medical malpractice action after a jury verdict violates the plaintiff's right to trial by jury or her rights to procedural and substantive due process under the state and federal Constitutions.