West Virginia Medical Malpractice Information

  • What is the average medical malpractice settlement in West Virginia?

    The average medical malpractice payment in West Virginia for 2023 was $219,107. Going back to 2004, the average malpractice payment in the database is $267,908.

  • How many medical malpractice settlements have there been in West Virginia?

    In 2023, there were 63 medical malpractice payments made in West Virginia. Among all of the various jurisdictions, this ranked number 35 out of 52 in terms of raw numbers, but when viewed in terms of claims per capita, West Virginia ranked number 18 of 52, which includes the 50 states, the District of Columbia, and Puerto Rico.

  • What is the most common type of medical malpractice claim in West Virginia?

    Across the country, the most common allegations giving rise to medical malpractice payments are "Failure to Diagnose" and "Improper Performance." West Virginia is among those jurisdictions for which the top allegation appearing in the database is "Improper Performance." The second most frequent allegation appearing for West Virginia in the database is "Failure to Diagnose."

  • Which type of healthcare provider pays the most medical malpractice claims in West Virginia?

    Among all claims, the vast majority (about 70%) of the payments are associated with care provided by MDs. West Virginia is no exception. The second highest type of healthcare provider associated with malpractice claims in West Virginia is an osteopathic physician (DO).

A few notes about this: The database only shows which claims were paid and does not include claims that were presented but rejected. Also, the database does not include payments by non-providers like health systems and hospitals. There are also some number of claims that go unreported each year. Finally, the information contained in the reports is self-reported by the providers, their insurance companies, and other provider representatives.
West Virginia Medical Malpractice Payment Amounts By Year
West Virginia Medical Malpractice Payments By Year

The Largest Medical Malpractice Payments for West Virginia (2004-2022)

YearStateAmountAllegationFull Report
2020West Virginia$11,500,000Failure-to-Instruct or Communicate with Patient or Family
2022West Virginia$8,450,000Failure to Treat Fetal Distress
2022West Virginia$8,450,000Failure to Treat Fetal Distress
2021West Virginia$5,850,000Failure to Diagnose
2015West Virginia$5,750,000Delay in Diagnosis
2015West Virginia$5,750,000Delay in Diagnosis
2021West Virginia$5,250,000Failure to Identify Fetal Distress
2011West Virginia$3,750,000Improper Management
2019West Virginia$2,950,000Failure to Use Aseptic Technique
2016West Virginia$2,650,000Improper Performance

West Virginia Statistics at a Glance

Average Payment (2004-2024): $267,908

Total Payments in Database (2004-2024): 2,152

Average Payment (2023): $219,107

Total Number of Payments (2023): 63

Rank in Average Payment (2004-2024): 37

Rank in Number of Payments Per Capita (2022): 18 of 52 Jurisdictions

Most Common Allegation (2023): Improper Performance

Most Common Allegation (2022): Improper Performance

Most Common Nature of Claim (2023): Treatment Related - 37% of all payments

Type of Provider with Most Payments: Physician (MD)

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*The database contains public payment information from 2004 to 2024. While it contains a small amount of information pertaining to the claim giving rise to that payment, it is missing crucial nonpublic information that would certainly affect claim valuation. Past results are no guarantee for future outcomes.

Every medical malpractice case is different. This site is for informational purposes only and does not contain any legal advice. Please discuss your personal situation with an attorney.

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