West Virginia law

Medical Malpractice Laws in West Virginia.

West Virginia medical malpractice claims are governed by the Medical Professional Liability Act (MPLA). The state imposes a 2-year statute of limitations with a 10-year statute of repose. Non-economic damages are capped at $250,000 for standard cases and $500,000 for cases involving death or permanent disability. Before filing suit, plaintiffs must provide 30 days' pre-suit notice with a screening certificate of merit from a qualified expert.

Last verified: 2026-02-25

State law

Statute of Limitations

2 years (10-year statute of repose)W. Va. Code § 55-7B-4

Medical malpractice claims must be filed within 2 years of the date of injury or within 2 years of when the injury was or should have been discovered, whichever is later. No action may be commenced more than 10 years after the date of the medical injury (statute of repose).

Exceptions

Fraud or ConcealmentW. Va. Code § 55-7B-4

The limitation period is tolled for any period during which the health care provider or representative committed fraud or collusion by concealing or misrepresenting material facts about the injury.

Minors Under 10 — Until child's 12th birthday or within 2 years of injury, whichever is longerW. Va. Code § 55-7B-4

For children under age 10 at the time of injury, the claim must be commenced within 2 years of the injury or before the child's 12th birthday, whichever provides the longer period.

State law

Fault & Liability Rules

Modified Comparative Fault (50% Bar)W. Va. Code § 55-7-13a

The same comparative fault rules apply as in general personal injury. If the patient is 50% or more at fault (rare in medical malpractice), they recover nothing.

State law

Damage Caps

Non-Economic Damages (Standard): $250,000 per occurrenceW. Va. Code § 55-7B-8

Non-economic damages (pain and suffering) in medical malpractice cases are capped at $250,000 per occurrence for injuries that do not result in death, permanent disability, or loss of ability to perform activities of daily living.

Non-Economic Damages (Severe Injury/Death): $500,000 per occurrenceW. Va. Code § 55-7B-8

In cases involving death, permanent and substantial physical deformity, or loss of the ability to perform activities of daily living, non-economic damages are capped at $500,000 per occurrence.

Economic Damages: No cap

West Virginia does not cap economic damages (medical bills, lost wages, future care costs) in medical malpractice cases.

Punitive Damages: Greater of 4x compensatory damages or $500,000W. Va. Code § 55-7-29

Punitive damages in medical malpractice cases are subject to the same general cap: the greater of four times compensatory damages or $500,000.

State law

Filing Requirements

Pre-Suit Notice of Claim (30 Days)W. Va. Code § 55-7B-6

At least 30 days before filing suit, the claimant must serve a notice of claim by certified mail on each health care provider to be joined in the litigation.

Screening Certificate of MeritW. Va. Code § 55-7B-6

The notice of claim must include a screening certificate of merit executed under oath by a qualified health care expert. It must state the applicable standard of care, how it was breached, and how the breach caused injury or death.

State law

Key West Virginia Statutes

Medical Professional Liability Act (MPLA)W. Va. Code § 55-7B-1 et seq.

The MPLA governs all medical malpractice claims in West Virginia. It establishes pre-suit requirements, damage caps, and special procedures for medical liability cases.

Expert Witness QualificationsW. Va. Code § 55-7B-7

Expert witnesses in medical malpractice cases must be qualified under the WV Rules of Evidence and must demonstrate familiarity with the applicable standard of care and the defendant's area of practice.

State law

Official Sources

West Virginia Legislature Code West Virginia Judiciary

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in West Virginia.

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Medical Malpractice Laws in West Virginia.

Statute of Limitations

Fault & Liability Rules

Damage Caps

Filing Requirements

Key West Virginia Statutes

Official Sources

Not Legal Advice

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