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Virginia Supreme Court Decision Could Change Future Wrongful Death Cases

On November 4, 2004, 84-year-old Leonard Mullins broke his hip in a fall and was taken to Lynchburg General Hospital for treatment. Mullins underwent an operation to mend his hip and was released after the treatment. However, an improperly inserted catheter resulted in an untreated urinary infection that lead to his death in less than a month.

When this case went to court, a jury found that the hospital, which is run by Centra Health, Inc., was negligent in their treatment of Mullins. The jury awarded $325,000 to the surviving members of his family, and the Virginia Supreme Court upheld this decision.

The case is particularly interesting because Virginia law states allows only one type of recovery per accident incident; that is, a victim or a victim's family cannot receive payment for both a personal injury suit and a wrongful death suit involving the same medical malpractice act. However, in the Mullins case, the jury heard evidence for both the pain and suffering of the patient and for the loss of the patient's family. Since they could only award damages in one case, the jury decided on a personal injury settlement and not a wrongful death settlement.

Although some argue that it is unfair for the jury to hear evidence related to two different claims, others think that it is wasteful to split the trial into two separate occasions. The court told the jury that the two damages instructions would be mutually exclusive, and that they could chose one. They were given a multi-part verdict form.

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