Fairfax Hospital System, Inc. v. Nevitt

I agree with the majority’s disposition of the hospital’s plea of release, but disagree with its application of the amount paid in settlement against the amount of the medical malpractice cap (the cap) instead of the amount of the verdict. I believe the majority’s construction of the pertinent language of the two statutes is (1) illogical and inconsistent, and (2) contrary to the clearly expressed legislative purposes of each statute and the constitutional justification for the medical malpractice statute.

In dealing with the interplay between the cap in the medical malpractice statute and the…