The Healthcare Defender

Medical malpractice lawsuits can be a significant concern for healthcare providers, as they can involve substantial financial risk. West Virginia's Medical Professional Liability Act (MPLA) provides several protections to healthcare providers, including limits on the damages that plaintiffs can recover in malpractice cases. Understanding these liability limitations is essential for any healthcare provider facing actual or potential litigation.

Non-Economic Damage Caps

One of the most significant aspects of the MPLA is its cap on non-economic damages, which includes ...

Few events are more challenging than facing a medical malpractice lawsuit. The legal and financial implications are serious, but the potential damage to your professional reputation can be equally concerning. In an era of widespread information sharing, a malpractice claim can quickly erode the trust and respect you’ve worked hard to earn with patients, peers, and the community. However, there are strategic steps you can take to protect your reputation while navigating a lawsuit.

1. Maintain Professionalism and Transparency

One of the most important things you can do during ...

When our physician clients receive a civil complaint for alleged medical malpractice, they inevitably ask about the potential impact on his or her medical license.  The answer is nuanced.  It depends on several factors and the ultimate outcome of the civil action.   

At the outset, unlike other jurisdictions, West Virginia physicians are not required to make a report to the West Virginia Board of Medicine (the “Board”) merely because they were named in a lawsuit.  Generally, in circumstances where a duty report a lawsuit exists, it arises when the case settles or – in the absence of a ...