What Is the Statute of Limitations for Medical Malpractice in West Virginia?
In West Virginia, the statute of limitations for medical malpractice is generally 2 years under W. Va. Code § 55-7B-4(a).
Medical malpractice Deadlines in West Virginia
How long do you have to file a medical malpractice claim in West Virginia?
In West Virginia, the statute of limitations for medical malpractice is generally 2 years under W. Va. Code § 55-7B-4(a). The full rule is: 2 Years (10-yr repose).
When does the clock start for medical malpractice in West Virginia?
Two years from the injury or from discovery, whichever is later, but in no event more than ten years after the date of the medical injury.
Can the West Virginia deadline for medical malpractice be extended?
Claims against nursing homes and assisted living facilities run only ONE year under § 55-7B-4(b), subject to the same ten-year repose. A notice of claim and screening certificate of merit must be served 30 days before filing under § 55-7B-6, and timely service tolls the period. Repoint the URL.
Is the deadline different if the claim is against the government in West Virginia?
Often, yes. Generally 2 years; political subdivision limits apply under W. Va. Code §§ 29-12A-6, 55-2-12. The West Virginia Governmental Tort Claims and Insurance Reform Act, ch. 29-12A, governs claims against political subdivisions and sets a two-year period in § 29-12A-6, alongside immunity provisions and damages caps. West Virginia does not impose a short unive…
How does West Virginia compare to other states for medical malpractice?
West Virginia's 2 years is in the middle of the range nationally. Across the 51 jurisdictions with a verified figure, the deadline for medical malpractice ranges from 1 year to 4 years, and 2 years is the most common. Compare all states →
What Does Medical Malpractice Cover?
Situations that typically fall under the medical malpractice deadline in West Virginia:
