If you were hurt in West Virginia, understanding your rights is the first step toward recovery.
The MPLA Pre-Suit Process
West Virginia's Medical Professional Liability Act, W. Va. Code § 55-7B, requires steps before a malpractice lawsuit can be filed. You generally must serve the health care provider with a notice of claim and a screening certificate of merit signed by a qualified expert who attests that the care fell below the accepted standard.
Why the Certificate Matters
The certificate of merit is meant to weed out meritless claims, but it also creates a hurdle that can trap unrepresented victims. If the certificate is defective or untimely, the case can be dismissed before it is ever heard.
Damage Caps in Malpractice Cases
The MPLA caps noneconomic damages, with a higher cap for catastrophic injuries such as permanent disability or disfigurement. Economic losses like medical bills and lost earning capacity are not capped.
Why You Need Specialized Help
Malpractice cases require medical experts, careful compliance with the MPLA, and substantial up-front investment. The attorneys in our network understand these requirements and handle the pre-suit process correctly from the start.
You pay nothing unless you win. Injury Claim Team connects injured West Virginians with experienced personal injury attorneys who work on contingency. Your case review is always free and confidential — call 973-566-5599.