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Can You Recover Compensation for Medical Malpractice Years After Treatment?

March 29, 2022 | Medical Malpractice

If you or a loved one sustain an injury or illness caused by the actions of a negligent medical provider in West Virginia, you may be able to recover compensation for your losses. However, you need to understand that there are deadlines in place for how long you have to file these claims in civil court. Here, we want to discuss the West Virginia medical malpractice statute of limitations as well as any exceptions to this timeline that may allow you to file a claim later.

Medical Malpractice Leads to Significant Expenses

When an individual sustains an injury or illness caused by the negligent actions of a medical provider in West Virginia, this can lead to significant expenses. Medical malpractice victims not only have to worry about the additional cost of medical care to treat or try and fix the mistake, but they also have to contend with expenses such as lost wages, travel to and from medical facilities, various household out-of-pocket expenses, as well as significant physical and emotional pain and suffering.

It is crucial for medical malpractice victims to be able to recover compensation for their losses, either through an insurance settlement or as a result of a medical malpractice lawsuit heard in front of a jury.

Time Limit For Filing a West Virginia Medical Malpractice Claim

It is important to understand that there are time limits in place for filing medical malpractice claims. However, the statute of limitations for West Virginia medical malpractice cases can be confusing.

Typically, these cases must be filed within two years from the date the medical mistake occurred. However, we have to also take into account the “discovery rule” that applies to these situations. This means that individuals can file a medical malpractice lawsuit within two years from the date that they discover or should have discovered through reasonable diligence that they sustained an injury caused by a medical provider.

In addition to this statute of limitations, there is an overall “statute of repose” in West Virginia that applies to medical malpractice claims. West Virginia law says that no legal action can be commenced against a medical provider or entity more than ten years after the day the injury occurred, regardless of when the error was discovered.

There are some exceptions to this, including a tolling (pausing) of the statute of limitations and the event the medical provider committed fraud or collusion by concealing facts about the injury or for injuries that occur to a minor.

Working With a Lawyer

If you or somebody you love has sustained an injury caused by the negligent or intentional actions of a medical provider, you need to reach out to a skilled Martinsburg medical malpractice attorney immediately. These cases can become incredibly complex, and it is crucial to have an attorney by your side who can fully investigate the case and stand up to the well-funded insurance carriers involved. Ultimately, you should be able to recover compensation for your medical bills, lost wages, out-of-pocket expenses, pain and suffering damages, and more. If you think that the deadline for filing your claim has passed, we still encourage you to contact an attorney for a free consultation to examine all possible options.