Medical malpractice law in West Virginia is very clearly defined in the state's constitution and the statues that are set down as a result of the framing of the Constitution. As more and more individuals over the years sue through the offices of their practicing attorneys and attempt to make the case that their physician has been negligent, it becomes clear that certain precedent has been followed and that the law has changed ever so slightly over the years to reflect these types of precedent-setting cases. With this extremely subtle evolution of law, it is only natural to assume that the attorneys and physicians must constantly brush up on legal rulings in order to keep themselves abreast of the situation. As more and more precedent begins to make it extraordinarily difficult for physicians and attorneys alike to keep up with the evolution of law, it is only natural for individuals to continue seeking out new methods of litigation and loopholes in which to couch their medical malpractice complaints.
West Virginia State Malpractice Laws at a Glance:
West Virginia State Tort LawStatute of Limitations2 years from injury or reasonable period for discovery. After ten years from the original injury, a suit may not be brought.Damage Award Limits$250,000 base limit for noneconomic damages, $500,000 base limit for compensatory damages, to be adjusted according to inflation index. In order to qualify for limits, physicians must carry a minimum of $1 million malpractice insurance.Joint Defendant LiabilityProportionate liability for defendants.Expert WitnessThe expert witness must have up-to-date training and/or experience equal or similar to the defendant. In addition, the witness must devote a minimum of 60% of professional time to teaching at accredited university or clinical practice.Attorney FeesNo limits on attorneys fees
Defining Medical Malpractice Law in West Virginia
In the attempt to accurately define medical malpractice law in West Virginia, there is all manner of precedent and legal rulings that have to be taken into account. With so many different types of laws and individual cases that have been litigated over the years, there are all manner of precedents that have been set and have changed the very meaning of the law that was originally framed by the state's founding lawmakers. With these types of changes, it is clear that individuals have relied on attorneys over the years to argue their case in front of the court and that they have been generally successful in many different types of situations. As long as attorneys continue to sue physicians and physicians continue to hire attorneys to protect themselves, it is clear that the law will continue to be all and precedent will continue to be set as these types of legal battles continue to rage on and take up the time of the court.
Understanding the Rights of the Plaintiffs
In the state of West Virginia, malpractice law is defined as those who seek out the assistance of their physician and are worse off for the effort. If you're physician attempts to treat you and his attempts are met with failure to the extent that you are worse off afterwards than you were before you sought out attention from your physician, this is the very definition of malpractice. Although anyone can file a malpractice suit, it is recommended that you seek out the offices of a competent attorney.