Visitor Question

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

Submitted 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.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear Angela,

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.

Learn more here: Personal Injury Laws by State

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.

Find a local attorney to give you a free case review here, or call 888-972-0892.

We wish you the best with your claim,


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