What is the Statute of Limitations for Medical Malpractice Claims in West Virginia?

Whether you’re dealing with a surgical error, misdiagnosis, or any other type of medical mistake, one of the first questions on your mind is likely, “How long do I have to take legal action?” When it comes to medical malpractice cases in West Virginia, the timeframe for filing your claim is pretty strict – you have two years from the date the malpractice occurred or your injury was discovered.

If you miss that statute of limitations window, you could be permanently shut out from holding the negligent doctor or hospital accountable. As medical malpractice attorneys, we can’t emphasize enough how important it is to get the legal ball rolling quickly if you suspect malpractice happened to you or your family member. Two years go by in a blink when you’re dealing with a complex medical case.

Here’s what you need to know to stay compliant.

What is Medical Malpractice?

Medical malpractice occurs when a healthcare provider fails to provide the appropriate standard of care, harming a patient.

Examples of medical negligence that can lead to patient injury include:

• Misdiagnosis or delayed diagnosis
• Surgical errors
• Medication errors
• Birth injuries
• Failure to obtain informed consent

Therefore, patients in the state must be aware of their rights and the unique aspects of West Virginia malpractice law before consenting to any major surgery.

Discovery Rule and Tolling of the Statute of Limitations

West Virginia recognizes the “discovery rule,” an exception to the standard two-year time limit for filing a medical malpractice claim.

Unseen Harm

Under this rule, if an injury is not immediately apparent, the courts may extend the statute of limitations until the patient discovers or should have discovered the harm through reasonable diligence.

For example, if a surgeon leaves a foreign object inside a patient during an operation, but the patient does not experience symptoms or discover the issue until years later, the discovery rule may allow them to file a claim even though the standard two-year time limit has passed.

Tolling

Other limited circumstances may pause or extend the statute of limitations, such as when the negligent healthcare provider fraudulently conceals the malpractice or when the patient is under a legal disability, such as being a minor or mentally incompetent.

Minors and the Statute of Limitations in West Virginia

When the victim of medical malpractice is a minor child, special considerations come into play regarding the statute of limitations.

In West Virginia, a cause of action for medical injury to a minor must be commenced within two years of the date of the injury or prior to the minor’s 12th birthday, whichever provides the longer period.

However, rules and restrictions exist for parents or guardians filing on behalf of a child, and it’s essential to consult with an experienced attorney to ensure that the child’s legal rights are protected.

In all cases, the standard adult statute of limitations applies once the child reaches the age of majority (18 in West Virginia).

Strict Time Limits for Nursing Home Cases

If you suspect medical malpractice or neglect by a nursing home, assisted living facility, or skilled nursing unit of a hospital, you have just one year from the date of a suspected medical injury or from when you reasonably should have discovered the injury to file a lawsuit.

Additionally, no case can be brought more than ten years after the date of the actual medical injury. With such stringent time constraints, consulting an attorney quickly is crucial for protecting your rights.

Building a Strong Medical Malpractice Case

You must act quickly to investigate the facts and prepare a strong claim when building your prima facie medical malpractice case.

Some key steps to take include:

• Gather all relevant medical records and documentation.
• Consult with an experienced medical malpractice attorney.
• Have your situation reviewed by medical experts to establish the standard of care and causation.
• File your claim within the applicable statute of limitations.

An experienced malpractice attorney can help you take on the complex legal process ahead, build the most robust possible case, and fight for the compensation you deserve.

Don’t Wait to Take Action on Your Medical Malpractice Claim

If you have suffered harm due to medical negligence in West Virginia, you must act quickly. The statute of limitations for these claims is generally two years, with limited exceptions for cases involving the discovery rule, minors, and wrongful death.

At Miley Legal, we know the impact that medical negligence can have on patients and their families. Our medical malpractice law firm fights for the rights of those harmed by healthcare provider errors and omissions.

We’ll help you understand your legal options and make informed decisions about your claim. Contact us today for a FREE consultation.