Virginia: Medical Malpractice – a Lawyer’s Writ

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On February 10, 2014, a 3-Justice Writ Panel of the Virginia Supreme Court heard oral argument on Petitions for cross-appeal in Shoukas v. Rizk, No. 141335, and Rizk v. Shoukas, No. 141338. The underlying medical malpractice suit for wrongful death in Circuit Court resulted in a jury award of $4,000,000.00 for Plaintiff.

In Shoukas, Plaintiff seeks to overturn Virginia’s medical malpractice damages cap as unconstitutional, despite the cap withstanding judicial scrutiny twice before and the Virginia Supreme Court recently denying another Petition to overturn it. In Rizk, Defendant seeks to overturn the $4,000,000.00 jury verdict.

The Virginia Supreme Court may grant a writ of certiorari in Shoukas and/or in Rizk or in neither one. Its decision may be rendered within 10 days – or take months or anywhere in between.