West Virginia medical malpractice law
In West Virginia, you generally have 2 years to file a medical malpractice claim from the day the injury was discovered.
Sources checked
Malpractice lawyers in West Virginia
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Your deadline: 2 years from when you found out
West Virginia rules at a glance
Work out your deadline- Filing deadline
- 2 years from when the injury was discovered
- Damage caps
- $250,000 per occurrence, or $500,000 for…
- Before you file
- Written notice, and an expert's sign-off
- Shared fault
- Modified comparative (51% bar)
Full West Virginia law guidedeadlines, caps, children, experts and sources
Example: treatment and discovery six months ago
- TreatmentMay 7, 2026
- Likely deadlineMay 7, 2028
- Outer limitMay 7, 2036
- The clock startsWhen you found out, or should have
- Time to start a claim2 yearsMiss it and the claim is usually lost.
- At the very most10 yearsafter the treatment, with a few exceptions
- Pain and sufferingCapped at $250,000
- All damages togetherNo overall cap
The rules in West Virginia
Filing deadline
2 years
Counted from when the injury was discovered. File within 2 years of the injury or of when it was or reasonably should have been discovered, whichever is later, but no more than 10 years after the injury. Claims against nursing homes and assisted living facilities have 1 year.
Discovery rule
Applies
Yes, inside the 10-year outer limit.
Outer limit
10 years
10 years from the date of medical injury.
W. Va. Code § 55-7B-4
Damage caps
$250,000 per occurrence, or $500,000 for wrongful death, permanent and substantial deformity, loss of a limb or bodily organ system, or permanent inability to care for oneself, indexed to inflation up to 150 percent of those amounts (so at most $375,000 and $750,000). The caps apply only to defendants carrying at least $1 million in liability coverage.
West Virginia caps non-economic damages in medical professional liability cases; the inflation adjustments have reached the 150 percent ceiling.
- Wrongful death
- Wrongful death falls under the higher limit.
Children
Different clock
A child under 10 when injured has until the later of 2 years or the twelfth birthday.
Affidavit of merit
Required
The notice of claim must include a screening certificate of merit signed under oath by a qualified health care provider.
W. Va. Code § 55-7B-6(b)
Notice before suing
Required
At least 30 days before filing, serve a notice of claim with the screening certificate of merit on each provider by certified mail. The deadline is tolled while notice and any mediation run.
W. Va. Code § 55-7B-6
Shared fault
Modified comparative (51% bar)
Modified comparative fault: barred above 50% of the fault
Experts
Expert evidence
The certificate signer must devote at least 60 percent of their professional time to clinical practice or teaching in their field (W. Va. Code §§ 55-7B-6, 55-7B-7).
Sources
- West Virginia Code § 55-7B-4, West Virginia Legislature
- West Virginia Code § 55-7B-6, West Virginia Legislature
- West Virginia Code § 55-7B-8, West Virginia Legislature
- State Enactments of Selected Medical Liability Reforms (as of 8/27/2026), Medical Professional Liability Association
- Contributory Negligence/Comparative Fault Laws in All 50 States (updated 6/10/2026), Matthiesen, Wickert & Lehrer, S.C.
Other states
- Best Medical Malpractice Lawyers in Alabama (2026)
- Best Medical Malpractice Lawyers in Alaska (2026)
- Best Medical Malpractice Lawyers in Arizona (2026)
- Best Medical Malpractice Lawyers in Arkansas (2026)
- Best Medical Malpractice Lawyers in California (2026)
- Best Medical Malpractice Lawyers in Colorado (2026)
- Best Medical Malpractice Lawyers in Connecticut (2026)
- Best Medical Malpractice Lawyers in Delaware (2026)
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