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Weirton Medical Malpractice Legal Help
If you or someone you love was hurt by a doctor, nurse or hospital in Weirton, you may be dealing with new medical bills, lost work and worry about what comes next.
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.
Medical Malpractice Under West Virginia Law
To succeed in West Virginia, a patient has to show both a departure from the care, skill and learning expected of a reasonable, prudent provider in the same profession or class and that the departure was a proximate cause of the harm (W. Va. Code § 55-7B-3).
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.
Medical care does not always succeed, and an unhappy outcome is not by itself malpractice; the claim has to connect a failure in care to the injury.
Situations That Can Lead to a Malpractice Claim
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?
Missed or late 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
Surgery claims may involve an operation on the wrong site or patient, an instrument or object left in the body, damage to nearby structures, or a failure in anesthesia or aftercare. Each is looked at for whether it departed from accepted practice and caused the harm.
Medication errors
A wrong drug, a wrong dose, a missed allergy or a harmful interaction can injure a patient. These claims ask who in the chain, the prescriber, pharmacist or nurse, made the error and whether it caused the harm.
Injuries during pregnancy or delivery
A delivery that goes wrong can leave lasting harm. A claim looks at what the providers knew, what they did and whether that caused the injury.
How Long You Have to File in West Virginia
The general period in W. Va. Code § 55-7B-4 is two years, counted from the injury or death or from discovery of the injury, whichever last occurs.
A discovery rule does not reopen the case without limit: no action may be commenced more than 10 years after the medical injury (W. Va. Code § 55-7B-4).
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).
Children and the Filing Deadline
West Virginia gives a child injured before the age of 10 until the 12th birthday or two years from the injury, whichever is longer (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
No one may file a medical professional liability action without complying with W. Va. Code § 55-7B-6. At least 30 days before filing, the claimant must serve a notice of claim by certified mail on each provider to be joined in the lawsuit.
With the notice, the claimant provides a screening certificate of merit executed under oath by a qualified health care provider, as W. Va. Code § 55-7B-6 requires.
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.
If the claim rests on a well established theory of liability that does not need expert testimony, the claimant files a statement setting out the basis of liability instead of a certificate. If there is not enough time before the limitation period ends, a statement of intent to provide the certificate is furnished within 60 days (W. Va. Code § 55-7B-6).
Mediation can come before the lawsuit: a provider that receives the notice may demand it, and W. Va. Code § 55-7B-6 requires it to be concluded within 45 days.
The Expert Requirement
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.
Not every doctor qualifies. Under W. Va. Code § 55-7B-7 the expert must hold a current license, know the standard of care, and have experience or training with similar injuries or conditions.
A sixty percent clinical practice or teaching record in the relevant field at the time of the injury gives a rebuttable presumption of qualification (W. Va. Code § 55-7B-7).
Damages in West Virginia Malpractice Claims
Compensatory damages for noneconomic loss may not exceed $250,000 for each occurrence, regardless of the number of plaintiffs or defendants or, in a wrongful death case, the number of distributees (W. Va. Code § 55-7B-8).
Three kinds of loss qualify for the higher $500,000 limit under W. Va. Code § 55-7B-8: wrongful death, permanent and substantial deformity or loss of a limb or organ system, and a permanent functional injury that prevents independent self care.
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.
The lack of a statutory limit says nothing about what a particular claim is worth, which depends on the harm, the evidence and how fault is divided.
When More Than One Provider Is Involved
W. Va. Code § 55-7B-9 has the jury assign a percentage of fault to each plaintiff and each defendant, taking into account every alleged party, even one who has already settled.
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.
Wrongful Death After a Medical Error
W. Va. Code § 55-7-6 has the personal representative bring the action and recover the amount for distribution to those entitled.
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.
Claims Against Government Health Care Providers
If the provider is a political subdivision, W. Va. Code § 29-12A-6 sets two years after the cause of action arose or was discovered, and a shorter period may apply under other provisions of the code.
Under W. Va. Code § 29-12A-7, punitive damages cannot be awarded against a political subdivision, noneconomic loss is capped at $500,000 for any one person, and economic loss is not limited.
A claim involving a public provider can carry rules of its own, so tell the attorney at the first consultation who ran the hospital or clinic.
Courts and Hospitals Near Weirton
The Census Bureau lists Weirton in more than one county: Brooke County and Hancock County. The West Virginia Judiciary lists the Circuit Clerk for Brooke County in Wellsburg, in the 1st Judicial Circuit, at Brooke County Judicial Center, 620 Main Street, Wellsburg, WV 26070. Hancock County is part of the 1st Judicial Circuit, and the West Virginia Judiciary gives the clerk’s office address as Hancock County Courthouse, 102 Court Street, New Cumberland, WV 26047. The state trauma center list from the Office of Emergency Medical Services, dated December 16, 2022, shows Weirton Medical Center in Weirton as a Level IV trauma center. If your care took place at a hospital like this, ask for the complete chart and an itemized bill, and write down every provider who treated you.
Next Steps for a Weirton Medical Malpractice Claim
Before you contact anyone, it helps to put the events in order: the dates of treatment, the providers you saw, what you were told and what happened afterward.
Use the form on this page to be matched with an attorney in our network who handles West Virginia medical malpractice claims. Asking early leaves more time for records and expert review.
Frequently Asked Questions
Are damages limited against a political subdivision?
Against a political subdivision, punitive damages are not allowed and noneconomic loss is limited to $500,000 for one person (W. Va. Code § 29-12A-7).
Is the deadline different if the patient was a child?
For a child under 10 when injured, two years from the injury or until the 12th birthday, whichever is longer (W. Va. Code § 55-7B-4).
Who can serve as an expert in a West Virginia malpractice case?
Sixty percent of professional time in clinical practice or teaching in the field at the time of the injury gives a rebuttable presumption of qualification (W. Va. Code § 55-7B-7).
Who can bring a wrongful death claim in West Virginia?
Two years after the death (W. Va. Code § 55-7-6), and the personal representative brings the action.
How much time do I have to sue for medical malpractice in West Virginia?
Two years, with a discovery rule and a 10 year ceiling (W. Va. Code § 55-7B-4); nursing home claims have one year.
What is a notice of claim in West Virginia?
W. Va. Code § 55-7B-6 requires a notice of claim and a screening certificate of merit to be served on each provider before a lawsuit is filed.
Is there a cap on malpractice damages in West Virginia?
Noneconomic damages are limited to $250,000 for each occurrence, or $500,000 for wrongful death and certain permanent injuries, adjusted each year for inflation (W. Va. Code § 55-7B-8).
Where to Look Next
If the care happened elsewhere in West Virginia, these pages may be a better starting point.
