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West Virginia Medical Provider Liability Act
- 55-7B-3. Elements of proof.
The following are necessary elements of proof that an injury or death resulted from the failure of a health care provider to follow the accepted standard of care:
(a) The health care provider failed to exercise 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; and
(b) Such failure was a proximate cause of the injury or death.
- 55-7B-4. Health care injuries; limitations of actions; exceptions.
(a) A cause of action for injury to a person alleging medical professional liability against a health care provider arises as of the date of injury, except as provided in subsection (b) of this section, and 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: Provided, That in no event shall any such action be commenced more than ten years after the date of injury.
(b) A cause of action for injury to a minor, brought by or on behalf of a minor who was under the age of ten years at the time of such injury, shall be commenced within two years of the date of such injury, or prior to the minor's twelfth birthday, whichever provides the longer period.
(c) The periods of limitation set forth in this section shall be tolled for any period during which the health care provider or its representative has committed fraud or collusion by concealing or misrepresenting material facts about the injury.
- 55-7B-7. Testimony of expert witness on standard of care.
The applicable standard of care and a defendant's failure to meet said standard, if at issue, shall be established in medical professional liability cases by the plaintiff by testimony of one or more knowledgeable, competent expert witnesses if required by the court. Such expert testimony may only be admitted in evidence if the foundation, therefor, is first laid establishing that: (a) The opinion is actually held by the expert witness; (b) the opinion can be testified to with reasonable medical probability; (c) such expert witness possesses professional knowledge and expertise coupled with knowledge of the applicable standard of care to which his or her expert opinion testimony is addressed; (d) such expert maintains a current license to practice medicine in one of the states of the United States; and (e) such expert is engaged or qualified in the same or substantially similar medical field as the defendant health care provider.
If you were harmed while under the care of a medical professional or hospital, you may be entitled to compensation and rehabilitative medical treatment. Only a doctor can truly know if the standard of care you deserved was the standard of care you received.
If you want to know if “you have a good case”, we will give you some basis information about your possible claim, at no charge and no obligation to you.
If you are looking for a lawyer to handle your medical malpractice case, our firm handles cases throughout West Virginia, and surrounding states on a “no recovery — no fee” basis.
Law Firm Profile
Jack Tolliver, M.D., J.D.Arden J. Curry
Arden J. Curry, II
James M. Sturgeon, Jr.
Thomas H. Vanderford, IV
David K. Schwirian
Susan Curry Brasselle
Elizabeth Ashley Summitt
Cindy Sloan, R.N.
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