Medical malpractice in West Virginia
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Provider-patient relationship
The defendant undertook to treat the patient.
2
Standard of care
What a reasonably careful similar provider would have done under similar circumstances.
3
Breach
The care fell below that standard.
4
Causation and injury
The breach more likely than not caused a compensable injury, not merely a bad outcome.
Burden of proof
Preponderance of the evidence, usually with expert testimony on the standard of care.
A West Virginia fact pattern
Medical malpractice in west-virginia.
Statute of limitations
2 years
W. Va. Code § 55-7B-4
Two years from the injury or from discovery.
Repose: 10 years.
- Ten-year outer wall. A nursing-home file is often one year, not two, under subsection (b). A screening certificate of merit is procedure, not extra years.