Medical Malpractice:

West Virginia

State: West Virginia
Link to State Law: West Virginia Code

The following information is meant to be a guide. It is believed to be accurate at the time of authorship but may not reflect the most current data due to changes in the law. If you require legal assistance or guidance with regard to West Virginia state law, contact an experienced attorney.

Statute of Limitations: A medical malpractice claim in West Virginia must be filed within two years from the date the injury occurred, or within two years of the date the injury was or reasonably should have been discovered. Minors who suffer a medical malpractice injury may bring an action within two years of the date of injury or until age twelve, whichever period is longer.

Minimum Qualifications of Expert Witnesses: The qualifications for medical expert witnesses in West Virginia are as follows: the expert witness must be currently trained and licensed to practice in the same or similar specialty as the defendant, and must devote at least 60% of their time to clinical practice or teaching at an accredited university.

Limitations on Monetary Damages:
In cases involving wrongful death or permanent disability, medical malpractice noneconomic damages are limited to $250,000-$500,000. These caps are increased for inflation, starting in 2004. In order to qualify for the caps, physicians in West Virginia must carry liability insurance in an amount of not less than $1 million.

Limitations on Attorney Fees: Attorney fees in medical malpractice cases are not limited by West Virginia law.