West Virginia Birth Injury Lawyers

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West Virginia Medical Liability/Malpractice Statutes of Limitation

All states have set deadlines for when a patient may file a civil claim, known as statutes of limitation, for medical liability and malpractice claims. The majority of the states have special provisions regarding the time limits for minors to file medical liability and malpractice claims. Twenty-two states have special provisions regarding foreign objects.

W. Va. Code §55-7B-4 Two years from injury or reasonable discovery, no longer than 10 years after injury. Minors under age 10: two years from injury or 12th birthday, whichever is longer.

West Virginia Medical Liability/Medical Malpractice Laws

Damage Award Limit or Cap

§55-7B-8. $250,000 limit for noneconomic damages per occurrence. Plaintiff may recover compensatory damages for noneconomic loss in excess of the limitation above, but not in excess of $500,000 for each occurrence, where the damages for noneconomic losses suffered by the plaintiff were for: (1) Wrongful death; (2) permanent and substantial physical deformity, loss of use of a limb or loss of a bodily organ system; or (3) 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. Limits are adjusted annually for inflation by the Consumer Price Index.

Limits on Attorney Fees

No limitations.

Periodic Payments

No applicable statute.

Patient Compensation or Injury Fund

§29-12C-1 et seq. Patient injury compensation fund study board

§29-12D-1 et seq. West Virginia patient injury compensation fund

Medical or Peer Review Panels

§30-3C-1 et seq. Health care peer review organization protection