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 compensation for pain and suffering, emotional distress, loss of enjoyment of life, and similar intangible losses. West Virginia Code § 55-7B-8 places clear limitations on these types of damages. For non-economic losses, the MPLA establishes two different caps based on the severity of the injury:

• $250,000 Cap: For cases involving less severe injuries, such as injuries that do not result in death or permanent disability, the MPLA limits non-economic damages to $250,000.
• $500,000 Cap: In cases where the injury results in death, permanent and substantial physical deformity, or the loss of the ability to perform activities of daily living, the non-economic damages are capped at $500,000.

These caps are intended to control the costs of malpractice insurance and to ensure that healthcare providers can continue to serve the community without being financially devastated by unpredictable jury awards. The cap applies per occurrence, regardless of the number of plaintiffs or defendants involved in the litigation​.  Notably, these amounts are adjusted for inflation each year, so the recoverable amount now exceeds the amount stated the statute.

Punitive Damages Limitations

West Virginia law imposes limitations on punitive awards.  Punitive damages can only be awarded when a just determines, by clear and convincing evidence, actual malice or a conscious, reckless, and outrageous indifference to the health and safety of others. Additionally, punitive damages are capped at either four times the amount of compensatory damages or $500,000, whichever is greater​. This provides healthcare providers with a safeguard against excessive punitive awards that could arise from subjective jury determinations.

Impact of the MPLA on Healthcare Providers

By limiting the financial exposure associated with non-economic and punitive damages, the MPLA aims to stabilize malpractice insurance premiums and promote providers’ ability to operate with a lower risk of catastrophic financial consequences.

For healthcare providers, this means that even when a lawsuit is filed, the MPLA provides a level of predictability and protection that is essential in today’s legal environment. It is critical, however, to work with experienced defense counsel who is well-versed in the nuances of the MPLA to ensure that these protections are fully leveraged in your defense.