West Virginia medical malpractice laws Archives

West Virginia Supreme Court Holds Mishandling Fetal Remains Claim Is Medical Malpractice Claim

August 9, 2023

Underlying Facts Mishandling Fetal Remains Is Medical Malpractice: On May 17, 2018, Angela and Denny Seth Lester (“the Lesters”) presented to Charleston Area Medical Center, Inc. d/b/a Women and Children’s Hospital (“CAMC”) where Ms. Lester suffered a stillbirth, after the fetus she was ca[...]

Federal Appellate Court Revives West Virginia Loss Of Chance Medical Malpractice Case

July 11, 2022

Court Revives West Virginia Loss Of Chance Medical Malpractice Case: The United States Court of Appeals for the Fourth Circuit (“Federal Appellate Court”) stated in its May 3, 2022 published Opinion: “This appeal concerns the “loss of chance” provision of West Virginia’s Medi[...]

West Virginia Medical Malpractice Lawsuit Alleges Doctors’ Failure To Advise Patient She Had A Brain Tumor

February 28, 2022

A West Virginia medical malpractice lawsuit filed on January 21, 2022 in Winchester Circuit Court seeks $3.5 million in compensatory damages from four doctors in West Virginia who allegedly failed to advise her that her MRI brain scan at Winchester Medical Center (WMC) in 2013 showed a brain lesion.[...]

West Virginia Patient Alleges Improper Payments Made To His Doctor To Prescribe IVIG Treatments

January 17, 2021

The plaintiff in a West Virginia class-action lawsuit alleges that she, and putative class members, are individuals who were directed by Felix Brizuela, D.O. (“Brizuela”) to purchase immunogloblin (“IVIG”) from the defendants in Morgantown, West Virginia. IVIG is an intraveno[...]

West Virginia Supreme Court Affirms Medical Malpractice Lawsuit Was Filed After Statute Of Limitations Expired

December 3, 2017

The State of West Virginia Supreme Court of Appeals (“West Virginia Supreme Court”) filed an opinion on November 17, 2017 in which it affirmed summary judgment in favor of the West Virginia medical malpractice defendants, finding that the West Virginia medical malpractice plaintiff had f[...]

West Virginia Supreme Court Upholds Punitive Damages Award In Medical Malpractice Case

July 2, 2015

In its wide-ranging opinion filed on June 16, 2015, the Supreme Court of Appeals of West Virginia (“West Virginia Supreme Court”) upheld and affirmed a West Virginia medical malpractice jury’s verdict in favor of the plaintiff that included an award of punitive damages in the a[...]

West Virginia Legislature Moving Forward With Expanding Medical Malpractice Limits

February 16, 2015

The West Virginia Legislature is quickly moving forward with its efforts to expand and extend West Virginia’s restrictive medical malpractice liability laws to further insulate and protect a growing list of health care providers whose negligence harms West Virginians, at the expense of[...]

Tag: West Virginia medical malpractice laws