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How to Report Medical Malpractice in West Virginia

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Medical malpractice claims are among the most complex and involved types of personal injury matters. There are different time limits for filing, administrative requirements, evidentiary requirements, and additional legal steps to take to preserve the right to bring a medical malpractice lawsuit. Below, we discuss how to report an instance of medical malpractice to start the claims process in West Virginia. Call a knowledgeable Martinsburg medical malpractice lawyer if you’ve been hurt in a car crash in West Virginia.

Filing a Complaint with the West Virginia Board of Medicine

The first step in reporting medical malpractice in West Virginia is to file a complaint with the West Virginia Board of Medicine. The Board is responsible for disciplining medical doctors, physician’s assistants, and podiatrists. If you have a complaint against a doctor, you can download a form from the Board’s website, or call and request a form via mail. The complaint form asks for detailed information concerning the doctor whose conduct is at issue, the patient, and the grounds for the complaint. The form also asks for the release of the complainant’s medical records to the Board.

The Board will conduct an investigation into the alleged malpractice. They will notify the physician of the complaint, who can file a response, after which the patient can file a reply. The Board will review the response and reply during their next scheduled meeting and consider the grounds for the complaint. If they find there was a violation, they may recommend punishments including revocation of the physician’s license and other remedies.

Filing a Medical Malpractice Lawsuit

If you wish to pursue damages against the physician based on the harms caused by their malpractice, you can file a medical malpractice lawsuit. There is a two-year statute of limitations (time limit) for filing a malpractice claim; patients have two years from when the malpractice occurred or from when the patient discovered or should have discovered they were injured by malpractice.

At least 30 days prior to filing a lawsuit, the patient must send a “notice of claim” to the healthcare provider(s) being sued. The notice must include the grounds for the lawsuit, the theory of liability, and a “screening certificate of merit.” The certificate of merit is a certification made by a medical expert explaining their opinion that the defendant healthcare provider failed to abide by the appropriate standards of care. Without certification by a medical expert, a plaintiff cannot bring a medical malpractice lawsuit in West Virginia.


If you or someone you care about has suffered because of a negligent doctor in West Virginia, call the talented and professional Martinsburg medical malpractice attorneys Burke, Schultz, Harman & Jenkinson at 304-263-0900 or (304) LAWYERS for a free consultation.

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