Like many other states, West Virginia restricts the damages injured parties can collect in liability claims against health care providers. West Virginia Code 55-7B:8 places a $250,000 to $500,000 cap on non-economic damages in medical malpractice claims, depending upon the harm…

Punitive damages are awarded in liability lawsuits when a defendant’s behavior has been proven to be outrageously bad. The added compensation is a civil court’s way of punishing the offending party and deterring others from acting the same way. A…

Losses tied to unnecessary patient injuries take an enormous personal toll. Charleston victims of medical malpractice may suffer needless health problems and related costs. Some are disabled or die due to the mistakes of medical professionals, who are expected to deliver…

It is a West Virginia physician’s obligation to provide the highest quality patient care possible. When treatments fail to meet this standard, doctors may be liable for medical professional negligence. Patient harm caused by misdiagnosis or careless treatment is compensable through medical…

Charleston patients receive medical treatment based upon doctors’ recommendations. A physician who neglects to share treatment alternatives fails to provide vital health care information. Without knowledge of treatment options, a patient is robbed of the opportunity to make medical choices…