Caps on medical malpractice damages are fairly high in West Virginia as opposed to many other states. Using the Joint and Several Liability Standard, West Virginia allows each party of a suit to be awarded full judgement against each defendant provider regardless of how many there are. This means that each responsible party is liable for the entirety of the verdict regardless of how much they were at fault.
Any person who believes they may be a victim in a medical malpractice suit has two years to file a claim. If they wait longer, the West Virginia Statute of Limitations will bar action regardless of culpability. The two year clock starts at the time of injury, or on the date the plaintiff should have reasonably discovered the injury. In the case of death, the two years logically starts from the date of death. Medical malpractice involving children under the age of ten has a slightly longer period in which a claim can be brought. In such case, claims must be filed either within the two years or prior to the child’s twelfth birthday, whichever time frame is longer.
Expert testimony is required to both establish and prove that the medical standard of care was in fact breached. With the rare exception involving the most simplest of cases, the expert must be in a similarly related medical field as the defendant. While there is no cap on economic losses, non-economic damages are capped at $250,000. Under extreme cases involving horrific injury or wrongful death, this figure could potentially double. Unlike most other states, West Virginia does not require doctors to carry medical malpractice insurance.
West Virginia Medical Malpractice Attorney
If you or a loved one are the victim of medical malpractice, it is essential that you contact a West Virginia personal injury attorney prior to the statute of limitations. Do not leave yourself unprotected. Every patient deserves to be medically cared for with the utmost standard of care. The medical field is for healing not undue injury.