What Is Doctor Negligence?

WV Statute of Limitations for Medical Malpractice

In the state of West Virginia, your lawsuit for a medical malpractice claim must be “commenced within two years of the date of such injury, or within two years of the date when such person discovers, or with the exercise of reasonable diligence, should have discovered such injury, whichever last occurs.” The burden of proof is on you. No claim can be filed in any case after ten years pass since the malpractice happened.

Screening Certificate of Merit & Notice of Claim Requirement

If you have standing to file a claim, the doctor or medical provider being sued must be served with a Notice of Claim by certified mail at least 30 days prior to filing your lawsuit. The Notice of Claim must include:

• A list of all medical providers being sued
• A statement indicating the grounds of the lawsuit
• A Screening Certificate of Merit (a statement from a WV medical expert familiar with the WV Standard of Care which includes an opinion of how the defendant’s treatment failed to adhere to the applicable Standard of Care, as well as how the failure caused injury)

What Is the WV Standard of Care?

The Standard of Care is defined by West Virginia law as “that degree of care, skill and learning required or expected of a reasonable, prudent health care provider in the profession or class to which the health care provider belongs acting in the same or similar circumstances.”