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Medical Malpractice Help in Beckley
A medical mistake leaves questions that are hard to put down: what went wrong, who was responsible, and whether West Virginia law gives you a way to hold them accountable.
The sections below set out the West Virginia law that applies to malpractice claims and explain how to reach, through needanattorney.net, an attorney in our network who handles them.
When a Provider's Care Becomes a Malpractice Claim
The elements come from W. Va. Code § 55-7B-3: the provider failed to exercise the degree of care, skill and learning expected of a reasonable, prudent provider of the same kind acting in similar circumstances, and that failure was a proximate cause of the injury or death.
When the claim is that a failure to follow the standard of care cost the patient a chance of recovery, W. Va. Code § 55-7B-3 requires proof, to a reasonable degree of medical probability, that proper care would have given a greater than 25 percent chance of improvement or survival.
A bad result alone is not enough. The question is whether the care departed from accepted practice and whether that departure, rather than the underlying illness or a known risk, caused the harm.
Common Medical Malpractice Claims
Whatever the kind of mistake, a claim comes back to two questions: did the care depart from accepted practice, and did that cause the injury?
Misdiagnosis and delayed diagnosis
A late or missed diagnosis can allow an illness to progress. These claims look at what the provider did, what was reasonably available to do, and what an earlier diagnosis would have changed.
Errors in the operating room
A surgical complication is not always a mistake, but a wrong site procedure, a retained object or an avoidable injury during an operation may be. The claim looks at what was done and at what caused the harm.
Prescription and dosing mistakes
Medication claims often start with a mistake in ordering, dispensing or giving a drug. The question is where in the process the care departed from accepted practice and whether the error caused the harm.
Injuries during pregnancy or delivery
Birth injury claims examine monitoring, decisions about delivery and care after the baby is born, and ask whether any departure from accepted practice caused the harm.
Time Limits for a West Virginia Malpractice Claim
Under W. Va. Code § 55-7B-4, the deadline is the later of two years from the date of the injury or death and two years from the date the injury was or reasonably should have been discovered.
W. Va. Code § 55-7B-4 sets a 10 year ceiling, counted from the medical injury, on any of these actions, except that a child injured before age ten has until the 12th birthday if that is longer (W. Va. Code § 55-7B-4(c)).
The periods are tolled for any time during which the provider or its representative has committed fraud or collusion by concealing or misrepresenting material facts about the injury (W. Va. Code § 55-7B-4).
Claims against a nursing home, an assisted living facility, their related entities or employees, or a distinct part of an acute care hospital providing intermediate or skilled nursing care have a shorter period of one year, with the same discovery wording and the same 10 year limit (W. Va. Code § 55-7B-4).
Deadlines for Minors in West Virginia
A child under 10 when injured has the longer of two years from the injury and the time until the 12th birthday (W. Va. Code § 55-7B-4).
A parent considering a claim for an injured child should note the age at injury, since W. Va. Code § 55-7B-4 sets its minor rule for children who were under 10 at that time.
Steps Required Before a Lawsuit
Under W. Va. Code § 55-7B-6, a notice of claim goes by certified mail to every provider who will be a defendant, and it has to be served at least 30 days before filing.
W. Va. Code § 55-7B-6 requires the notice of claim to include a statement of the theories of liability, a list of the providers and facilities notified, and the screening certificate of merit.
Under W. Va. Code § 55-7B-6, the certificate sets out the expert’s familiarity with the standard of care, qualifications, the opinion on the breach and on causation, and the medical records reviewed.
Where no expert testimony is needed, a statement of the basis of liability takes the place of the certificate, and where time is short, a statement of intent allows 60 days to provide it, or 120 days for a nursing home, assisted living facility or a related entity, or for the nursing care part of an acute care hospital (W. Va. Code § 55-7B-6).
After the notice, W. Va. Code § 55-7B-6 lets the provider respond within 30 days and demand mediation before the lawsuit, with 45 days to complete it.
Why a Qualified Expert Matters
Under W. Va. Code § 55-7B-7, the plaintiff establishes the standard of care and the defendant’s failure to meet it through knowledgeable, competent expert witnesses, if the court requires them.
The foundation for an expert’s testimony under W. Va. Code § 55-7B-7 includes knowledge of the applicable standard of care, a current license and experience diagnosing or treating similar conditions.
An expert who also devoted sixty percent of professional time annually to active clinical practice or teaching in the field at the time of the injury is presumed qualified, a presumption the other side may rebut (W. Va. Code § 55-7B-7).
What West Virginia Law Says About Damage Limits
West Virginia limits noneconomic damages in a malpractice case to $250,000 for each occurrence, however many plaintiffs and defendants there are (W. Va. Code § 55-7B-8).
The higher limit of $500,000 per occurrence applies to wrongful death and to the permanent injuries listed in W. Va. Code § 55-7B-8.
Under W. Va. Code § 55-7B-8, the limits are indexed to the Consumer Price Index each year, up to one hundred fifty percent of the statutory amounts, and require the defendant to carry $1,000,000 of insurance per occurrence.
What a claim is worth depends on the injury, the proof and the allocation of fault, not on a statutory ceiling.
Shared Fault and Several Liability
In a trial with multiple defendants, the fact finder reports the percentage of fault, if any, attributable to each plaintiff and to each defendant, and considers the fault of all alleged parties, including a person who settled with the plaintiff (W. Va. Code § 55-7B-9).
Each defendant pays only according to its own percentage of fault, because W. Va. Code § 55-7B-9 calls for several, not joint, liability.
Knowing who treated the patient, and when, helps an attorney decide whom to name and how fault may be divided.
When a Patient Dies
A wrongful death action is brought by and in the name of the personal representative of the deceased person (W. Va. Code § 55-7-6).
Every wrongful death action must be commenced within two years after the death of the deceased person (W. Va. Code § 55-7-6).
W. Va. Code § 55-7-6 lists what a verdict includes: sorrow, mental anguish and solace, reasonably expected loss of income and services, care and hospital expenses, and funeral expenses.
Political Subdivisions in West Virginia
A separate act sets two years against a political subdivision from when the cause arose or the injury was or should have been discovered, with a longer period for a child under ten and tolling for concealment or fraud; the act does not cover hospitals of a political subdivision (W. Va. Code § 29-12A-3 and W. Va. Code § 29-12A-6).
Against a political subdivision, punitive damages are prohibited, economic loss is not limited, and noneconomic loss may not exceed $500,000 in favor of any one person, and a defendant with 25 percent or more of the negligence can be jointly and severally liable; the act does not cover hospitals of a political subdivision (W. Va. Code § 29-12A-3 and W. Va. Code § 29-12A-7).
Whether these rules apply to a particular malpractice claim, and what other steps are needed against a state or county provider, depends on who employed the provider, so it is worth telling the attorney at the start whether the hospital or clinic was public.
Courts for a Beckley Claim
A civil action may be brought in the circuit court of any county where any of the defendants may reside or the cause of action arose (W. Va. Code § 56-1-1). For care received in Beckley, the county where the claim arose may well be Raleigh County.
Courts and Hospitals Near Beckley
Beckley lies in Raleigh County, according to Census Bureau place and county names. In Beckley, the West Virginia Judiciary lists the clerk for the 14th Judicial Circuit and Raleigh County at Raleigh County Judicial Center, 222 Main Street, Beckley, WV 25801. Raleigh General Hospital in Beckley is listed as a Level III trauma center by the West Virginia Office of Emergency Medical Services (list dated December 16, 2022). The state trauma center list from the Office of Emergency Medical Services, dated December 16, 2022, shows Beckley ARH Hospital in Beckley as a Level IV trauma center. Ask the hospital’s records office for your complete chart and itemized bill, and note which doctors and nurses were involved.
Next Steps for a Beckley Medical Malpractice Claim
People often start with a simple timeline of the care they received in Beckley, along with discharge papers, test results and any letters from the provider or the insurer.
Fill out the form above and we will work to put you in touch with an attorney in our network who handles malpractice claims in West Virginia. Starting sooner gives you more room to gather records.
Frequently Asked Questions
Do I need an expert to bring a malpractice claim in West Virginia?
An expert needs knowledge of the applicable standard of care, a current license and experience with similar conditions, among other things (W. Va. Code § 55-7B-7).
How long does a family have after a death caused by malpractice?
Two years after the death (W. Va. Code § 55-7-6), and the personal representative brings the action.
Which county would a Beckley malpractice case be filed in?
Venue follows W. Va. Code § 56-1-1: any county where a defendant resides or the cause of action arose, which for care received in Beckley may be Raleigh County.
Is the deadline different if the patient was a child?
A child under 10 at the time of the injury has until the 12th birthday or two years from the injury if that is longer (W. Va. Code § 55-7B-4).
What is a loss of chance claim?
West Virginia allows loss of chance theories with a threshold of a greater than 25 percent chance of improvement or survival, shown to a reasonable degree of medical probability (W. Va. Code § 55-7B-3).
What if the hospital or provider is a government entity?
Possibly, but a separate act that sets two years against a political subdivision (W. Va. Code § 29-12A-6) expressly leaves out hospitals of a political subdivision and their employees (W. Va. Code § 29-12A-3), so an attorney should confirm which rules apply to your claim.
How much time do I have to sue for medical malpractice in West Virginia?
Generally two years, counted from the injury or from its discovery, whichever is later, with a 10 year outer limit (W. Va. Code § 55-7B-4).
Other Pages That May Help
These pages cover other communities in West Virginia, in case the care you received was somewhere else.
