A Virginia Beach Circuit Court judge has upheld a medical malpractice verdict of $1.95 million. The defendant had asked the court to set aside or reduce the verdict. The motion was denied this week and the defendant now has to decide whether or not to appeal the verdict. A trial judge has the power to reduce or increase a jury’s verdict. Unfortunately, the power to increase a verdict is rarely used. Usually, a court is much more likely to reduce an award that it views as excessive.
This substitution of the court’s opinion for that of a jury is often troublesome. The considered verdict of a jury should be given considerable weight and the jury’s verdict should only be altered in rare cases. In this case, the damages were compelling and the trial court judge found no reason to disturb the verdict. It is a trial lawyer’s job to make sure that the foundation for a large verdict is established in the course of the trial. An experienced lawyer will take the time to call appropriate witnesses who can testify to the “human” damages sustained by the victim.
Contact the experienced medical malpractice attorneys at the law firm of Wilson & Hajek.
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Charlottesville, Albemarle County, Louisa County, Fluvanna County, Augusta County, Nelson County, Buckingham County, Madison County, Waynesboro, Staunton, Orange County, Greene County, and Culpepper, Virginia.