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West Virginia Medical Malpractice Statute of Limitations
Medical malpractice is defined as the failure to properly diagnose an illness or injury, the failure to provide the acceptable standard of care for a condition, or the negligence in taking an unreasonable amount of time to provide the care that will prevent further injury or death. Despite the fact that the definitions are the same for all cases, the laws in resolving these cases differ with each state. For instance, in the state of West Virginia, the defendant(s) must be notified 30 days in advance that they are going to be sued for malpractice.
Time Limits for Filing a Claim in West Virginia
The statute of limitations for minors is slightly different in the state of West Virginia. The individual has until the age of twelve, or two years from the time of injury, to file a claim. However, in most cases, the suit must be filed within two years that the injury is discovered or from the time of the wrongful death.
Negligence Laws
Negligence laws vary, depending on what has been decided by each state. For instance, in West Virginia expert witnesses must be licensed in a field related to the case. In addition, the expert must spend at least 60% of his/her time teaching at a university or in actual clinical practice. For specific information regarding West Virginia law, see the chart below:
|
Code Section |
None |
|
Comparative Negligence |
Comparative negligence is reference to discovering and reporting unauthorized signature or alteration-bank statements (§46-4-406). Otherwise not specified. |
|
Contributory Negligence-Limit to Plaintiff's Recovery |
None specified |
|
Contribution Among Tortfeasors |
Yes; §55-7-13 |
|
Uniform Act |
No |
Award Limits in West Virginia
West Virginia does have a cap on medical malpractice award limits. But, if the physician does not carry at least a million dollars worth of insurance, the cap will not apply. In the event of wrongful death or permanent, the cap is $500,000. In other suits, the amount is set at $250,000. However, if payment is already been received for the injury from a collateral source, the amount of the judgment may be offset.
Legal Help
Legal help is recommended if you are getting ready to file a claim of malpractice. The legal issues can be very complex and difficult to understand, especially in emotionally charged circumstances. A malpractice lawyer will help make sure all relative issues are represented, so you are compensated as much as the law will allow for your particular circumstances.