ETHERIDGE V. MEDICAL CENTER HOSPITALS,
376 S.E.2d 525 (Va. 1989)
NATURE OF THE CASE: Etheridge (P) appealed from a judgment of the Circuit Court of the
City of Virginia Beach, which reduced a jury award in P's medical malpractice action against
Medical Center (Ds), a hospital and the estate of a physician, to the maximum damage award
allowed under Va. Code Ann. 8.01-581.15.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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