Medical errors are a leading cause of harm in the U.S., and many are also preventable. In West Virginia, patients injured due to substandard medical care may have legal options under the state’s medical malpractice laws.
This guide outlines what qualifies as malpractice, what you need to prove when bringing a medical malpractice case, key deadlines, and how to take action if you believe a provider’s negligence caused your injury. It’s designed for patients in Martinsburg and surrounding communities seeking to understand their rights.
What Is Medical Malpractice in West Virginia?
Medical malpractice occurs in West Virginia when a healthcare provider fails to meet accepted medical standards and causes harm to a patient. The Medical Professional Liability Act (W. Va. Code §55-7B-1) governs this area of the law.
You must prove four elements to file a valid claim: a doctor-patient relationship existed, a breach of the standard of care occurred, that breach caused injury, and you incurred measurable damages like pain, medical costs, or lost income.
Claims may involve doctors, nurses, hospitals, urgent care centers, or nursing homes.
Under West Virginia law, a medical malpractice claim must be filed within two years of the date of injury or when the injury was discovered, whichever is later.
Common Types of Medical Malpractice
Not all poor outcomes are examples of malpractice. However, when healthcare providers deviate from standards, the result can be serious injury or worse. The following are some of the most common reasons for medical malpractice claims in West Virginia:
Misdiagnosis or Delayed Diagnosis
Failing to diagnose or misdiagnose the condition can delay critical treatment. Examples include:
- Missed early-stage cancer
- Undiagnosed heart attacks or strokes
- Infections like sepsis are misidentified as minor illnesses.
Consequences can include disease progression, missed treatment windows, or avoidable complications.
Surgical Errors
Surgical mistakes are among the most severe types of malpractice. They often result in long-term consequences for victims. These errors can include operating on the wrong body part, leaving surgical instruments inside the body, or causing unintended damage to surrounding organs.
Inadequate monitoring after surgery can also lead to serious infections or internal bleeding, sometimes requiring additional procedures or resulting in permanent disability.
Medication Mistakes
Medication errors can occur during the prescribing, dispensing, or administration process. Errors may include:
- Incorrect drug or dosage
- Ignoring allergies or drug interactions
- Mixing up medications with similar names
Patients can suffer reactions, organ damage, or overdose as a result of such errors.
Birth Injuries
Labor and delivery require careful observation and quick decision-making. Both the mother and baby can suffer lasting injuries if medical staff fail to respond to complications during childbirth.
Birth injury claims often involve delayed C-sections, misuse of delivery tools, or failure to monitor oxygen levels, which may lead to conditions such as cerebral palsy or brachial plexus damage.
Mothers may also be harmed by failure to address conditions like gestational diabetes or preeclampsia.
Anesthesia Errors
Anesthesia must be administered with extreme care. Even small miscalculations in dosage or monitoring can have serious outcomes. Anesthesia-related malpractice may involve administering too much anesthesia, failing to monitor the patient’s oxygen levels, or ignoring pre-existing medical conditions. Such errors can cause brain damage, cardiac arrest, or awareness during surgery.
Lack of Informed Consent
Patients have a legal right to understand the risks and alternatives before treatment. Failure to obtain informed consent may be grounds for a claim if harm results.
A screening certificate of merit, provided by a qualified medical expert, is required to initiate a medical malpractice lawsuit in West Virginia.
This confirms that a licensed medical expert has reviewed the facts and believes there is a reasonable basis to file the claim.
Legal Requirements for Filing a Medical Malpractice Claim in West Virginia
Patients must comply with specific legal requirements before filing a lawsuit. These laws are in place to reduce frivolous lawsuits and ensure that only legitimate claims move forward.
Statute of Limitations
West Virginia has a two-year time limit for filing a medical malpractice lawsuit. This period begins on the date the injury occurred or the date it was discovered (or should have been found).
However, there are additional rules to be aware of:
| Type of Claim | Time Limit |
| General medical malpractice | 2 years from injury or discovery |
| Claims against nursing homes | 1 year from injury or discovery |
| Statute of repose (absolute deadline) | 10 years from date of injury |
Pre-Suit Requirements
Before you can file a lawsuit, West Virginia law requires the following:
- Notice of Claim: You must notify the healthcare provider at least 30 days before filing the lawsuit.
- Certificate of Merit: A qualified medical expert must review your case and confirm there is a reasonable basis for proceeding. A certificate of merit is a document that they sign, indicating that they believe your claim is valid.
The court may dismiss a case if the certificate of merit is incomplete or missing.
What to Do If You Suspect Medical Malpractice
Do you think a doctor, nurse, or hospital made a serious mistake that caused you harm? It’s important to act quickly if so. Start by gathering your medical records, including test results, doctor’s notes, and discharge papers. These help document the care you received.
Next, write down everything you remember that’s relevant to the case. Include your symptoms, treatments, and what was said or discussed during your visits. These details can help explain what went wrong.
It’s also a good idea to get a second opinion from another doctor. They can tell you if your care was below the usual standard.
Finally, talk to a medical malpractice lawyer who knows West Virginia law. They can review your case, explain your rights, and guide you on what to do next.
Frequently Asked Questions
What qualifies as medical malpractice in West Virginia?
Medical malpractice occurs when a healthcare provider fails to deliver the standard of care expected, resulting in harm to a patient. The law requires proof of a breach, causation, and measurable damages.
How long do I have to file a medical malpractice claim?
You generally have two years from the date of the injury or its discovery. For nursing home claims, the limit is one year. There’s also a 10-year absolute time limit for all claims.
Do I need a certificate of merit to file a malpractice lawsuit?
Yes. West Virginia law requires a written statement from a qualified expert confirming that your case has merit before you can file a lawsuit.
Are there caps on damages in West Virginia medical malpractice cases?
Yes. Non-economic damages are capped at $250,000 in most cases and $500,000 in cases involving wrongful death or catastrophic injury. Economic damages are not capped.
Can I sue a hospital or just the doctor?
You may be able to sue both, depending on who caused the harm. Hospitals can be held liable for the actions of their employees, policies, or the negligent hiring of medical staff.
Get Help With Your West Virginia Medical Malpractice Case
Medical malpractice claims are about accountability and protecting your future, not revenge. If a provider’s negligence caused you serious harm, West Virginia law gives you the right to seek compensation.
These cases are complex and time-sensitive, so it’s important not to wait. If you or a loved one has been harmed by medical negligence in Martinsburg or elsewhere in West Virginia, consult a lawyer experienced in this area of law.
Manchin Ferretti Injury Law provides free consultations without any pressure or up-front fees to help you comprehend your rights and consider your legal choices.