Medical Malpractice Rules in West Virginia

Two years from the date of the injury, or two years from when the injury was or reasonably should have been discovered, whichever is later, but never more than 10 years after the injury. Claims against nursing homes, assisted living facilities and similar long-term care providers have a one-year deadline (also with discovery and a 10-year limit). For a child injured before age 10, the deadline is two years from the injury or the child's 12th birthday, whichever is longer. The periods are paused while a provider conceals or misrepresents material facts through fraud or collusion.

Noneconomic damages against a health care provider are capped at $250,000 per occurrence, or $500,000 per occurrence for wrongful death, permanent and substantial physical deformity, loss of use of a limb or loss of a bodily organ system, or permanent injury that prevents independent self-care. Since 2004 the caps increase annually for inflation, up to 150% of the base amounts. The caps are not available to a defendant without at least $1 million per occurrence in medical professional liability insurance.