Health Justice Transformation - West Virginia

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.

Caps on Non-Economic (Pain and Suffering) Damages

$250,000 cap on non-economic damages per occurrence. $500,000 cap on non-economic damages for cases involving: 1) wrongful death; 2) Permanent and substantial physical deformity, loss of a bodily organ system; 3) permanent physical or mental functional injury that permanently prevents the injured party from being able to independently care for him/herself and perform life sustaining activities. Adjusted for inflation but the $250,000 cap shall not exceed $375,000 and the $500,000 cap shall not exceed $750,000.

Joint Liability for Multiple Defendants

Yes. Defendants are responsible only for their proportional share of negligence.

Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit

Yes. The defendant may introduce evidence of collateral sources of payment into evidence and the plaintiff may introduce evidence of payment made to secure the benefit. The court must reduce the award by the amount the plaintiff received from collateral sources offset by any payments of contributions made to secure the benefits.

Provisions for the Periodic Payment of Damages Over Time Fees

No

Limitation of Plaintiff’s Attorneys Fees

No

Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures

Upon notice of intent to file a claim, a defendant may demand a pre-litigation mediation. The mediator's decision is confidential and not admissible in court.

Standards for Expert Testimony/Witness

Expert testimony is required to establish a deviation from the applicable standard of care. An expert witness must have at the time of the medical injury, devoted 60 percent of his/her professional time annually to active clinical practice in his/her medical specialty or to teaching in his/her medical field or specialty in an accredited university. Experts must be licensed and in good standing by the licensing authority of any state and not have had a professional license revoked or suspended in the past year in any state.