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MEDICAL MALPRACTICE CASES IN WEST VIRGINIA
In West Virginia, medical malpractice claims are governed by The West Virginia Medical Professional Liability Act (MPLA), W. Va. Code 55-7B-1, et seq.
In order to establish a medical malpractice claim, the plaintiff must prove by a preponderance of the evidence (more likely than not) that the healthcare provider (1) deviated from the standard of care; (2) that the deviation from the standard of care proximately caused injuries; and (3) damages.
Before a medical malpractice lawsuit may be filed in court, the plaintiff must serve a notice of claim upon the healthcare provider along with a certificate of merit from an expert. In essence, before a plaintiff may sue a healthcare provider, he or she must have an expert certify that the claim has merit. After the notice of claim and screening certificate of merit have been served on the healthcare provider, the healthcare provider has thirty days to choose whether to request pre-suit mediation (an informal settlement meeting with the plaintiff and a third party mediator. If the mediation is unsuccessful, plaintiff may file a lawsuit against the healthcare provider.
MEDICAL MALPRACTICE “CAPS” IN WEST VIRGINIA
Unlike most civil cases in West Virginia, medical malpractice actions have “caps” depending on the nature of the injury and where the injury occurred. In addition to economic loss, a claimant may recover up to $500,000 (adjusted for inflation) in the following instances: (1) Wrongful death; (2) permanent and substantial physical deformity, loss of use of a limb or loss of a bodily organ system; or (3) permanent physical or mental functional injury that permanently prevents the injured person from being able to independently care for himself or herself and perform life-sustaining activities.
In all other cases where the claimant survives and does not have a permanent physical or mental injury, the cap on noneconomic damages is $250,000 (adjusted for inflation).
If the claimant is injured or killed at a designated trauma center, a special cap applies known as the “trauma cap.” In general, the trauma cap is $500,000. However, in certain circumstances the claimant can recover up to an additional $1 million in economic loss if the loss exceeds the $500,000 trauma cap.
EXPERIENCE MATTERS. RESULTS MATTER.
Medical malpractice cases are complex. If you or a loved one has been the victim of medical malpractice, contact a West Virginia law firm with decades of experience representing malpractice victims. Preston & Salango has successfully handled medical malpractice cases throughout West Virginia.
Although past performance does not guarantee future results, Preston & Salango has achieved the following results for our clients:
Contact a law firm with the experience and resources to handle complex medical malpractice cases.Categories: Medical Malpractice, Nursing Home Abuse