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A patient may file a malpractice lawsuit if they believe that you violated the standards of patient care. In addition, your patient may sue you for damages if your improper healthcare treatment has harmed their physical, emotional, or financial well-being.
In any action where any party seeks to impute fault to another, the court shall instruct the jury to answer special interrogatories or, if there is no jury, shall make findings, on the issue of imputed fault.
Compromise of claim for death by wrongful act. The personal representative of the deceased may compromise any claim to damages arising under section five of this article before or after action brought.
West Virginia Medical Malpractice Claim Time Limits As noted above, the general statute of limitations for medical malpractice in West Virginia is 2 years from the date of the injury, or 2 years from the date the injury is discovered or should have been discovered.
West Virginia's Medical Malpractice Damages Cap West Virginia puts a $250,000 per-occurrence cap, adjusted annually for inflation, on non-economic damages in medical malpractice cases.
Sometimes, a seller may be liable for damages separate from the manufacturer. An innocent seller is not liable for injuries to a person who bought one of their products. West Virginia Code 55-7-31 explains what makes a seller liable for a defective or otherwise harmful product.
In any action where any party seeks to impute fault to another, the court shall instruct the jury to answer special interrogatories or, if there is no jury, shall make findings, on the issue of imputed fault.
ARTICLE 7E. DUTY TO MITIGATE DAMAGES IN EMPLOYMENT CLAIMS. (a) "Back pay" means the wages that an employee would have earned, had the employee not suffered from an adverse employment action, from the time of the adverse employment action through the time of trial.