May 16, 2022

Volume XII, Number 136

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May 16, 2022

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What is The Statute of Limitations on Medical Malpractice Actions in West Virginia?

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

© Steptoe & Johnson PLLC. All Rights Reserved.National Law Review, Volume VI, Number 155
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About this Author

Crystal I. Bombard-Cutright, Steptoe and Johnson Law Firm, Litigation Attorney
Of Counsel

Crystal "Cris" Bombard-Cutright focuses her practice in the area of litigation. She has experience defending personal injury claims as well as construction law matters. Cris spends the majority of her practice defending medical professional liability claims, including claims against long-term care facilities.

KEY EXPERIENCE

Sought enforcement of arbitration agreement between long term care facilities and patients

Represented physicians and medical practices in medical malpractice litigation

Represented long-term care facilities in wrongful...

304-598-8167
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