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Torts keyed to Best
Etheridge v. Medical Center Hospitals
Citation:
376 S.E.2d 525 (Va. 1989)Facts
Richie Lee Wilson was a healthy 35 year old woman and mother to three children. On May 6, 1980, she had surgery at Medical Center Hospitals to fix a deteriorating jawbone. The surgery consisted of the removal of five-inch long portions of two ribs by Clarence Trower, a general surgeon, and the grafting of those rib portions to her jaw by a different oral surgeon. The surgery left her severely and permanently diabled. She suffered brain damage, was paralyzed on her left side, and confined to a wheelchair. Her life expectancy reduced to 39.9 years and she was no longer able to care for her children.
The surgery and aftercare cost at least $300,000. Prior to the surgery, Ms. Wilson was a registered nurse and made almost $10,000 in 1979. Ms. Wilson stated she had proved an economic loss of $1.9 million as a result of the medical malpractice. At trial, she was awarded $2,750,000 by a jury, which was reduced to the statutory limit of $750,000. On appeal , she argues the reduction violated her right to jury trial under the Virginia Constitution, and her due process rights under the Virginia and Federal Constitutions.
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