Recent West Virginia News
January 2022 Newsletter
Brazen tax break sought in Build Back Better Personal injury attorneys are attempting to further line their pockets at the expense of patients by pushing for a tax break that encourages medical lawsuit abuse. Buried in the drafts of the Biden Administration’s Build...
December 2021 Newsletter
West Virginia liability laws withstand challenge In West Virginia, the state Supreme Court of Appeals recently ruled that the landmark Medical Professional Liability Act (MPLA) applies broadly to all services related to patient care, eliminating an attempt to...
The West Virginia Medical Professional Liability Act Applies Broadly to Services Encompassing Patient Care – Not Just the Care Itself
SOURCE: JD Supra The Supreme Court of Appeals of West Virginia issued a new opinion that finds that litigants cannot characterize claims as “corporate” or “general” negligence in an attempt to circumvent the West Virginia Medical Professional Liability Act...
Current Medical Liability Laws
| Damage Caps | $250,000 cap on non- economic damages per occurrence. $500,000 cap on non- economic damages for cases involving (1) wrongful death, (2) permanent and substantial physical deformity, loss of use of limb or loss of a bodily organ system, or (3) permanent physical or mental functional injury that permanently prevents the injured person from being able to independently care for himself or herself and perform life sustaining activities. Adjusted annually for inflation, but the $250,000 cap shall not exceed $375,000 and the $500,000 cap shall not exceed $750,000. (2003) |
| Joint Liability Reform | Only in the following actions: (1) defendants consciously conspire to commit a tortious act; (2) alcohol or drug influenced driving; (3) criminal conduct; (4) an illegal disposal of hazardous waste; and (5) in cases against political subdivisions or its employee as to each defendant who bears twenty-five percent or more negligence, and (6) defendants who have the same liability on an instrument as makers, drawers, acceptors, indorsers, etc. |
| Collateral Source Reform | Yes. The defendant may introduce evidence of collateral sources of payment – both past and future (see West Virginia Code § 55-7B-9a for details) – into evidence and the plaintiff may introduce evidence of payments made to secure such benefits. The court must reduce the award by the amount the plaintiff recovered from collateral sources offset by any payments or contributions made to secure such benefits. |
| Attorney Fees Limited | No |
| Periodic Payments Permitted | No |