State

Statutes of Limitation

Limits on Damage Awards

Pre-trial Screening and Arbitration

West Virginia

§55.7B.4. 2 years from injury or reasonable discovery, no longer than 10 years after injury. Minors under 10: 2 years from injury or age 12, whichever is longer.

§55.7B.8. $250,000 limit for non-economic damages. $500,000 limit for compensatory damages, limit goes up beginning in 2004 according to inflation index. Physicians must carry at least $1 million malpractice insurance to qualify for limits.

§55.7B.6.  Plaintiff must file notice with certificate of merit stating expert's familiarity with standards, qualifications, opinion of breach of standard of care. Certificates must be filed at least 30 days before filing action, and one certificate for each defendant named.

Joint and Several Liability

Expert Witnesses

West Virginia Malpractice Attorney Fees

Patient Compensation or Stabilization Fund

§55.7B.9. Defendants are proportionally liable according to percentage of fault for damages awarded.

§55.7B.7. Expert witness must be currently trained and licensed to practice in same or similar specialty as defendant, must devote at least 60% of professional time to clinical practice or teaching at accredited university.

No limitations.

§29.12B.1-14. Medical Liability Fund to assist in making malpractice insurance more readily available to specific health care providers.