West Virginia Medical Malpractice Laws

There is a limitation on noneconomic damages in the amount of $250,000; except in cases of wrongful death, permanent and substantial physical deformity, loss of use of a limb or loss of a bodily organ system, or permanent physical or mental functional injury that permanently prevents the injured person from being able to independently care for himself or herself and perform life-sustaining activities, the limitation may not exceed $500,000. He statute of limitations is two years from injury or reasonable discovery but not longer than ten years after injury. For minors under ten, two years from injury or the 12th birthday, whichever is longer. There is several liability (no joint liability). There is no limitation on attorney fees. There is no provision for periodic payments. There is the West Virginia Patient Injury Compensation Fund. A defendant may request pre-litigation mediation, which is confidential and generally not admissible at trial. The claimant must file a screening certificate of merit under oath prior to filing a claim that contains a qualified expert’s qualifications, the expert’s familiarity with the applicable standard of care, the expert’s opinion how the standard of care was breached, and the expert’s opinion how the breach caused injury or death to the claimant.

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