Does West Virginia Limit Medical Malpractice Damages?

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Having to seek medical attention for a serious illness or injury is difficult enough without a doctor, nurse, or other health care professional failing to provide adequate treatment. If you or a loved one sustained injuries because of a health care provider’s reckless conduct, our Charleston medical malpractice attorneys can help you through every step in your fight for restitution.

Malpractice occurs when medical professionals fail to uphold an adequate standard of care, encompassing multiple circumstances including misdiagnosis, disregarding proper procedures, and neglecting to warn patients about potential side effects. Depending on the specific nature of your case, you might be entitled to economic damages such as:

  • Medical expenses
  • Long-term care costs
  • Lost wages

Economic damages are compensation for injuries that have a definable dollar amount attached to them. West Virginia law places no limit on the economic damages a plaintiff can win in a medical malpractice case.

Depending on the circumstances, you might also be awarded non-economic damages. Non-economic damages can be more difficult to assign a specific monetary cost, but nonetheless cause harm to the plaintiff. Examples include:

  • Pain and suffering
  • Emotional distress
  • Impaired quality of life

Though the impact on you and your family can be no less devastating, West Virginia law does cap non-economic medical malpractice damages to $250,000. If the court determines that the injuries were particularly catastrophic, such as permanent disability, disfigurement, or wrongful death, this award could be increased to $500,000.

To begin building your medical malpractice claim, please contact Jim Leach, L.C., or call 1-304-865-8530 today to set up a no-cost review of your case. We proudly represent clients in or around Charleston.