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

by Angela
(Delbarton, WV)

I had surgery on my left heel in 2005 and I now have problems with my balance. I had an x-ray before surgery and it shows that there were no heel spurs, and that is what the surgery was for. So they messed up.

What is the statute of limitation on medical malpractice? How should I pursue this case? Thank you for any information you can give.

Visitor Question:
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ANSWER for "What is the Statute of Limitations on Medical Malpractice in West Virginia?":

Angela (Delbarton, WV):

Regrettably the Statute of Limitations in the State of West Virginia for personal injury/medical malpractice lawsuits is 2 years. As you know, you are well beyond that date.

Medical malpractice lawsuits are costly and can take years to come to trial. Doctors are very protective of their reputations and are loathe to settle lawsuits. They pay extraordinarily large amounts in premiums for their medical malpractice insurance. In return, their insurance companies provide the highest caliber of legal representation available.

From the facts you present it doesn’t seem clear whether your problems with balance are as a result of the original surgery, or as a result of something more recent. It would probably be in your best interests to be re-examined to see if your problems with balance are as a result of the initial surgery or not.

If the problem with your balance has recently become symptomatic, you may have another and separate injury.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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