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Statute of Limitations

Actions must commence within 2 years from the date the injury occurred, or within two years from the date the injury was or reasonably should have been detected

Comparative or contributory negligence

modified comparative negligence, whereby the plaintiff's claim is barred if his negligence equals or exceeds that of the defendants.

Nature of accused's liability

West Virginia has abolished this rule, each defendant is liable for damages only in an amount proportionate to that defendant's fault for the plaintiff's injury.

Law of contribution

A right of contribution exists between joint defendants against whom a judgment was jointly entered

Expert testimony standards

Expert witnesses must be trained and licensed to practice in a simialr field as the defendant, and must work 60% of their time to clinical practice, or teaching.

Limits on compensation

Caps are increased each year in accordance with inflation, and are approximately $250,000 for medical malpractice and $500,000 for wrongful death.

Limits on attorney fees

none

Collateral Source rule enforced

Evidence of collateral payments to a claimant is admissible in West Virginia after a verdict for the claimant and before a judgment is entered on that verdict. The court will reduce an award for damages by the amount paid by the collateral source.

State and local health care providers immune from liabaility

West Virginia has waived its sovereign immunity, except in the case of hospitals.

Select Your State

Select Your State

Select Your State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington State West Virginia Wisconsin Wyoming

Medical malpractice law varies from state to state, the key areas of difference are as follows

• Statute of limitations
• The law of comparative or contributory negligence
• The nature of the accused's liability
• Law of contribution
• Standards for expert testimony
• Limitations on compensation
• Limitiations on attorney fees
• Whether collateral source law is in effect
• Are state health care providers immune from liability