West Virginia Medical Malpractice Attorneys

Statute of Limitations

2 years

2 years from discovery (W. Va. Code § 55-7B-4)

Statute of Repose

10 years

10 years from the act or omission (W. Va. Code § 55-7B-4); foreign-object and minor exceptions apply

Non-Economic Damages Cap (Tiered)

$250k

Standard: $250,000. Catastrophic ($500,000): death, permanent substantial physical deformity, limb/organ loss, or injury preventing self-care (W. Va. Code § 55-7B-8). Caps are indexed annually.

Pre-Suit Requirements

30-day Notice

30-day Notice of Claim with Screening Certificate of Merit under W. Va. Code § 55-7B-6

Expert Qualification

Certificate

Certificate of Merit must be signed by a qualified expert engaged in active clinical practice in the same specialty during the prior year

Typical attorney fee

33%

33%–40% contingency — no fee unless you win

West Virginia’s Medical Professional Liability Act (W. Va. Code § 55-7B-1 et seq.) caps non-economic damages at $250,000 standard or $500,000 for catastrophic injuries (death, permanent and substantial physical deformity, loss of use of a limb, loss of a bodily organ, or permanent injury preventing self-care). Economic damages are uncapped. Before suit, the plaintiff must serve a Notice of Claim and Screening Certificate of Merit at least 30 days before filing under § 55-7B-6 — failure can lead to dismissal. The 2-year SOL (§ 55-7B-4) runs from discovery, with a 10-year statute of repose. WVU Medicine and other state-affiliated providers fall under the West Virginia Patients’ Compensation Fund and state-claims procedures.