On May 19, 2016, the Supreme Court of Appeals of West Virginia handed down an important decision in Williams v. CMO Management, which could affect many long-term care facilities in the state. The Court held that the tolling provisions of the general disability savings statute apply to a medical malpractice cause of action brought by a personal representative, reversing the circuit court’s ruling which applied the West Virginia Medical Professional Liability Act (“MPLA”) two-year statute of limitations to preclude evidence of negligence that allegedly occurred more than two years before the plaintiff brought suit. 

The court’s decision hinged on many factors including:

• Mental capacity of the patient

• If there is a guardian appointed for the patient at the time of injury

• If a Medical Power of Attorney exists

• If injuries could reasonably have been discovered