MacDonald v. City Hospital, Inc.

*712WORKMAN, Chief Justice:

Once again, this Court is asked to consider the constitutionality, vel non, of W. Va.Code § 55-7B-8 which places a limit or “cap” on compensatory damages for noneconomic loss awarded in a medical professional liability action. On two prior occasions, in the cases of Robinson v. Charleston Area Medical Center, Inc., 186 W.Va. 720, 414 S.E.2d 877 (1991) and Verba v. Ghaphery, 210 W.Va. 30, 552 S.E.2d 406 (2001), this Court upheld the constitutionality of the cap which was set at $1,000,000. Since Robinson and Verba were decided, the Legislature amended W. Va. Code §…