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 ...

West Virginia Board of Medicine (the “Board”) complaints arise out of allegations of professional incompetence, impropriety within the provider-patient relationship, fraudulent activity, unprofessional conduct, or unfavorable and avoidable outcomes during treatment.  The West Virginia regulations authorize the Board to administer public discipline against a physician’s license upon satisfactory proof that the physician violated one of the applicable regulations.  The Board has several options at its disposal if it determines a violation has occurred:

• Public ...

In the final video of a three-part vlog series, Bowles Rice attorneys Andrew Stonestreet, Stuart McMillan, and Unaiza Tyree discuss the importance of hiring an attorney when faced with a Board of Medicine complaint.

In part two of a three-part vlog series, Bowles Rice attorneys Andrew Stonestreet, Unaiza Tyree, and Stuart McMillan discuss what happens if a professional board in West Virginia finds probable cause to proceed in a disciplinary action.

In part one of a three-part vlog series, Bowles Rice attorneys Unaiza Tyree, Stuart McMillan and Andrew Stonestreet discuss what to expect when you receive a complaint from a Board of Medicine in West Virginia.

West Virginia’s Medical Professional Liability Act (“MPLA”) is a living and breathing construct. Ever evolving, our Supreme Court constantly issues important new decisional law that changes the face of medical professional liability. 

In today’s world, healthcare practitioners are at increased risk for medical malpractice if they fail to provide requisite care. Physicians providing high-risk care, such as trauma surgery and obstetric care, have even greater exposure since they are engaged in complex care due to time-sensitive and multifaceted decision-making, as ...