Robinson v. Charleston Area Medical Center, Inc.

McHUGH, Justice:

The key issue in this appeal from a judgment in accordance with a jury verdict in favor of the plaintiffs is the constitutionality, vel non, of the $1,000,000 “cap” on the amount recoverable for a noneconomic loss in a medical professional liability action provided by W. Va. Code, 55-7B-8, as amended. We conclude that such “cap” is constitutional and, therefore, reverse the contrary ruling of the Circuit Court of Ka-nawha County, West Virginia. On the other hand, we conclude that all of the other assignments of error by Dr. Biswas, the appellant, fail to establish reversible…