MacDonald v. City Hospital, Inc.
| Docket Number | 35543 |
| Decision Date | 22 June 2011 |
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29 cases
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Chan v. Curran
...to the perceived medical malpractice crisis was logically followed by action designed to control costs.”]; MacDonald v. City Hospital, Inc. (2011) 227 W.Va. 707, 720, 715 S.E.2d 405 [“The Legislature could have rationally believed that decreasing the cap on noneconomic damages would reduce ......
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Miller v. WesBanco Bank, Inc.
...of discretion. Marsch v. American Elec. Power Co. , 207 W. Va. 174, 180, 530 S.E.2d 173, 179 (1999). MacDonald v. City Hosp., Inc. , 227 W. Va. 707, 715, 715 S.E.2d 405, 413 (2011). See also Lunsford v. Shy , 243 W. Va. 175, 181, 842 S.E.2d 728, 734 (2020) ("[A]s a general proposition, we r......
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State v. Nibert
...of West Virginia authorizes the Legislature to enact statutes that abrogate the common law[.]” MacDonald v. City Hosp., Inc., 227 W.Va. 707, 715, 715 S.E.2d 405, 413 (2011). We equally have recognized that “[t]he common law, if not repugnant of the Constitution of this State, continues as t......
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State v. Louk
...“ ‘is not a license for courts to judge the wisdom, fairness, or logic of legislative choices.’ ” MacDonald v. City Hosp., Inc., 227 W.Va. 707, 722, 715 S.E.2d 405, 420 (2011) (quoting Federal Communications Comm'n v. Beach Communications, Inc., 508 U.S. 307, 313, 113 S.Ct. 2096, 124 L.Ed.2......
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1 books & journal articles
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Toward a Theory of Medical Malpractice
...constitutionality of Ohio’s cap because statutory exception was made for seriously injured victims); MacDonald v. City Hosp., Inc., 715 S.E.2d 405, 413–22 (W. Va. 2011) (upholding the constitutionality of West Virginia’s two-tier cap). But see Atlanta Oculoplastic Surgery, P.C. v. Nestlehut......
