West Virginia (WV) Medical Malpractice Laws
Everything you need to know about filing a medical malpractice claim in West Virginia.
Damage Cap
$250,000 non-economic damages ($500,000 in cases involving wrongful death, permanent and substantial physical deformity, or loss of use of a limb or organ)
Statute of Limitations
2 years from the date of the injury or the date the injury was discovered or should have been discovered
Discovery Rule
West Virginia applies the discovery rule, beginning the statute when the plaintiff discovers or should have discovered the injury and its causal connection to the treatment, subject to a 10-year statute of repose.
Pre-Filing Requirements
Plaintiffs must file a screening certificate of merit from a qualified health care provider and serve a pre-suit notice of claim at least 30 days before filing.
Average Settlement
$150,000 - $375,000
Average Verdict
$275,000 - $950,000
Key Facts About West Virginia Medical Malpractice Law
- 1West Virginia has a two-tiered non-economic damages cap: $250,000 standard and $500,000 for the most severe injuries or wrongful death.
- 2A screening certificate of merit and 30-day pre-suit notice are required before filing a malpractice claim.
- 3West Virginia follows a modified comparative fault system with a 50% bar — plaintiffs at or above 50% fault are barred.
- 4The state requires mandatory mediation in medical malpractice cases before proceeding to trial.
Need Help with a West Virginia Medical Malpractice Case?
If you believe you have a medical malpractice claim in West Virginia, it is important to act quickly. The statute of limitations in West Virginia is 2 years from the date of the injury or the date the injury was discovered or should have been discovered. Most medical malpractice attorneys offer free initial consultations.