WEST VIRGINIA MESOTHELIOMA LAWYERS HELPING INJURED WORKERS & FAMILIES

MORE LIMITS ON MEDICAL MALPRACTICE

Written by on November 4, 2016 in blogs, Personal Injury

The West Virginia Legislature has passed another law limiting your recovery.  In July 2015, we advised you of new limits on your right for a full recovery in cases involving medical mistakes.

Effective July 1, 2016, the injured party will now have to pay one percent (1%) of their gross settlement or judgment to the West Virginia Board of Risk and Insurance Management. This will further limit your recovery!

As mentioned in a prior Blog, I often have the unfortunate task of informing an unemployed housewife, an elderly person or an injured child that I cannot pursue their potential medical malpractice case because it is not “economically feasible.” Even if the medical mistake is clear, many of these cases cannot be pursued because of the legal limits placed on your recovery.  The cost of “certification,”  case expenses, reimbursing your health insurer or Medicare for the medical expenses they paid on your behalf, and other limitations are fully set out at http://harvitschwartz.com/new-limits-on-medical-malpractice.

Many states have found many of these laws to be unfair and have repealed them. Not West Virginia!  Our Legislature continues to limit your rights to a full recovery!

If you think these laws are unfair, then you should contact your State Legislator and tell him or her so. A list of Legislators and their contact information can be found here: http://www.legis.state.wv.us/index.cfm

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