West Virginia Medical Malpractice
Over $1 Billion Recovered. Lead Counsel in 60+ Published West Virginia Appellate Decisions.
Medical malpractice occurs when a health care provider delivers negligent or substandard treatment that results in patient injury, illness, or wrongful death. Physicians and other providers are measured against what a reasonably competent practitioner would have done under the same or similar circumstances. When they fall short of that standard, injured patients have legal recourse.
These cases are among the most complex in personal injury law. They require expert witness testimony, rigorous medical evidence, and command of the procedural rules specific to West Virginia. Fitzsimmons Law Firm, PLLC brings that depth to every claim. Since 1978, the firm has recovered over $1 billion for clients, including more than 190 individual verdicts and settlements of $1 million or more, and has served as lead counsel in over 60 published appellate decisions that have directly shaped West Virginia law. Founding partner Bob Fitzsimmons co-founded the Brain Injury Research Institute (BIRI), placing the firm at the intersection of legal advocacy and medical science in a way few plaintiff’s firms can claim.
If you or someone you love has been injured by the negligence of a health care provider, contact Fitzsimmons Law Firm, PLLC today for a consultation.
Hear From Our Happy Clients
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"Fitzsimmons Law does an outstanding job for their clients by having great attorneys and a great reputation. They also have an outstanding reputation for helping their community in many ways. All of the attorneys are great."
Fitzsimmons Law does an outstanding job for their clients by having great attorneys and a great reputation. They also have an ...
Rick -
"Fitzsimmons' Law Firm staff were so helpful and made the process of my lawsuit easy and effortless. They kept me informed at every step and got me the maximum for my personal injury settlement."
Justin and the Fitzsimmons' Law Firm staff were so helpful and made the process of my lawsuit easy and effortless. They kept ...
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"The team really took care of me! They were always so responsive and helpful when I contacted them."
Justin and the team really took care of me! They were always so responsive and helpful when I contacted them.
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"Because of their knowledge in law and empathy was able to get the justice for the loss of a son. For your handling of my case, thank you."
I found this firm and Justin Wiater to possess fairness, knowledge, good judgement, perseverance and experience. This firm ...
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If you need a law firm, look no further.
Cannot thank this firm enough for the expertise and efficiency with which they handled my case. True professionals in every ...
Bob Reasbeck -
When our families lives took a tragic turn we knew we needed the best law office to listen to our side and represent us. So ...
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"Professionalism, integrity, and expertise".
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A Special Thank You
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Compensation Available Under West Virginia Medical Malpractice Law
The West Virginia Medical Professional Liability Act (MPLA) governs how damages are calculated in medical malpractice claims. Recoverable damages may include:
- Medical expenses (past and future)
- Lost wages and diminished earning capacity
- Emotional distress
- Pain and suffering
- Physical impairment
Economic damages such as medical bills and lost income carry no statutory cap. Noneconomic damages, meaning pain and suffering and emotional distress, are capped at $250,000 per occurrence for most injuries. Under the MPLA, that cap rises to $500,000 in cases involving wrongful death, permanent and substantial physical deformity, loss of use of a limb or loss of a bodily organ system, or a permanent physical or mental functional injury that permanently prevents the injured person from independently caring for himself or herself and performing life-sustaining activities. In trauma cases, total damages for all defendants combined are capped at $500,000. Claimants who reach that combined limit may petition the Patient Injury Compensation Fund (PICF) for up to $1,000,000 in additional compensation.
The financial stakes are highest when the harm is irreversible. Misdiagnosis of a life-threatening disease, incorrect medication dosing, and surgical errors can each produce permanent consequences that substantially increase the economic damages available.
Filing a West Virginia Medical Malpractice Claim: Deadlines & Requirements
West Virginia imposes strict procedural requirements on medical malpractice claims. Missing any one of them can result in dismissal even when the negligence is clear.
Statute of Limitations & Statute of Repose
Under W. Va. Code §55-7B-4, most claims must be filed within two years of the date of injury or the date the injury was discovered (or reasonably should have been discovered), whichever is later. A 10-year statute of repose applies regardless of discovery: no action may be brought more than 10 years after the date of the medical injury.
Claims against nursing homes, assisted living facilities, and skilled nursing units carry a shorter one-year statute of limitations. For injured children under age 10, the claim may be filed within two years of the injury or before the child’s twelfth birthday, whichever provides the longer period.
Notice of Claim & Screening Certificate of Merit
Before filing suit, W. Va. Code §55-7B-6 requires the plaintiff to serve each defendant health care provider with a Notice of Claim via certified mail at least 30 days before the complaint is filed. That notice must include the grounds for the lawsuit, a list of all defendants, and a Screening Certificate of Merit, which is a written opinion from a qualified medical expert confirming that the provider deviated from the applicable standard of care and that the deviation caused the injury.
These pre-filing steps aren’t optional formalities. Failing to meet them can end a valid claim before it reaches a courtroom.
Common Types of Medical Errors in West Virginia
Doctors and other health care providers agree to uphold a rigorous standard of care. When they fall short, patients have the right to hold them accountable. The errors that give rise to medical malpractice claims vary widely, but some arise with troubling frequency.
Contact Fitzsimmons Law Firm, PLLC About Your Medical Malpractice Claim
West Virginia’s filing deadlines for medical malpractice claims are strict, and waiting can forfeit your right to pursue compensation entirely. Fitzsimmons Law Firm, PLLC has recovered over $1 billion in verdicts and settlements for clients since its founding in 1978, backed by a record of over 60 published appellate decisions that have shaped the law in West Virginia. The firm can evaluate your claim and fight for the compensation your case may support.
If you or someone you love has been harmed by a health care provider’s negligence, contact Fitzsimmons Law Firm, PLLC today to schedule a consultation.
