Health & Medical in West Virginia

W. Va. Code § 55-7B-4 provides two years from discovery, with a ten-year absolute repose period. A screening certificate of merit from a qualified expert must accompany the complaint under § 55-7B-6. Non-economic damages are capped at $250,000 for most cases, rising to $500,000 for substantial permanent injuries under § 55-7B-8.

West Virginia caps non-economic damages (pain and suffering) at $250,000 for most medical malpractice cases. For cases involving permanent and significant injury such as permanent impairment of a bodily function, the cap is $500,000 under W. Va. Code § 55-7B-8. Economic damages are not capped.

Yes. Under W. Va. Code § 55-7B-6, a medical malpractice plaintiff must file a screening certificate of merit from a qualified medical professional contemporaneously with the complaint. The expert must certify that the defendant deviated from the standard of care. Failure to file may result in dismissal.

Complaints may be filed with the West Virginia Board of Medicine at wvbom.wv.gov. The Board investigates and may impose conditions, suspend, or revoke a physician's license. Board proceedings are separate from civil litigation and do not compensate patients.