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