West Virginia Medical Malpractice Laws

The limitation period is tolled for any period during which the health care provider or representative committed fraud or collusion by concealing or misrepresenting material facts about the injury.

For children under age 10 at the time of injury, the claim must be commenced within 2 years of the injury or before the child's 12th birthday, whichever provides the longer period.

Non-economic damages (pain and suffering) in medical malpractice cases are capped at $250,000 per occurrence for injuries that do not result in death, permanent disability, or loss of ability to perform activities of daily living.

In cases involving death, permanent and substantial physical deformity, or loss of the ability to perform activities of daily living, non-economic damages are capped at $500,000 per occurrence.

West Virginia does not cap economic damages (medical bills, lost wages, future care costs) in medical malpractice cases.

Punitive damages in medical malpractice cases are subject to the same general cap: the greater of four times compensatory damages or $500,000.

At least 30 days before filing suit, the claimant must serve a notice of claim by certified mail on each health care provider to be joined in the litigation.

The notice of claim must include a screening certificate of merit executed under oath by a qualified health care expert. It must state the applicable standard of care, how it was breached, and how the breach caused injury or death.

The MPLA governs all medical malpractice claims in West Virginia. It establishes pre-suit requirements, damage caps, and special procedures for medical liability cases.

Expert witnesses in medical malpractice cases must be qualified under the WV Rules of Evidence and must demonstrate familiarity with the applicable standard of care and the defendant's area of practice.