Every state, including West Virginia, has deadlines—or statute of limitations—for filing medical malpractice lawsuits. In West Virginia, the statute of limitations is two years either the date when the injury occurred or the date when the claimant discovered or reasonably should have discovered the injury. No action may be commenced more than ten years after the date of injury. A claimant under the age of ten must bring suit within two years of the date of the injury or prior to the claimant’s twelfth birthday, whichever provides the longer period.
West Virginia medical malpractice law also states, “At least thirty days prior to the filing of a medical professional liability action against a health care provider, the claimant shall serve by certified mail, return receipt requested, a notice of claim on each health care provider the claimant will join in litigation. The notice of claim shall include a statement of the theory or theories of liability upon which a cause of action may be based, and a list of all health care providers and health care facilities to whom notices of claim are being sent, together with a screening certificate of merit.”
Costs, Requirements, and Limitations:
• Industry Average Cost of a West Virginia Medical Malpractice Insurance Policy: $10,894
• Is Medical Malpractice Insurance Required in West Virginia? No, but protecting assets is recommended.
• Minimum Carrying Requirements in West Virginia: None, but as mentioned it is highly recommended.
• What are the medical malpractice damage caps in West Virginia? The damage cap on noneconomic damages is $250,000 with a rise to $500,000 in the event of wrongful death, catastrophic injury, and disfigurement.
• What is the “statute of limitations” for a medical malpractice complaint? 2 years, West Virginia Code section 55-7B-4