WVC 55 - 7 B- 8
§55-7B-8. Limit on liability for noneconomic loss.
(a) In any professional liability action brought against a
health care provider pursuant to this article, the maximum amount
recoverable as compensatory damages for noneconomic loss may not
exceed $250,000 for each occurrence, regardless of the number of
plaintiffs or the number of defendants or, in the case of wrongful
death, regardless of the number of distributees, except as provided
in subsection (b) of this section.
(b) The plaintiff may recover compensatory damages for
noneconomic loss in excess of the limitation described in
subsection (a) of this section, but not in excess of $500,000 for
each occurrence, regardless of the number of plaintiffs or the
number of defendants or, in the case of wrongful death, regardless
of the number of distributees, where the damages for noneconomic
losses suffered by the plaintiff were for: (1) Wrongful death; (2)
permanent and substantial physical deformity, loss of use of a limb
or loss of a bodily organ system; or (3) permanent physical or
mental functional injury that permanently prevents the injured
person from being able to independently care for himself or herself
and perform life-sustaining activities.
(c) On January 1, 2004, and in each year thereafter, the
limitation for compensatory damages contained in subsections (a)
and (b) of this section shall increase to account for inflation by
an amount equal to the Consumer Price Index published by the United
States Department of Labor, not to exceed one hundred fifty percent of the amounts specified in said subsections. (d) The
limitations on noneconomic damages contained in subsections (a),
(b), (c) and (e) of this section are not available to any defendant
in an action pursuant to this article which does not have medical
professional liability insurance in the aggregate amount of at
least $1 million for each occurrence covering the medical injury
which is the subject of the action.
(e) If subsection (a) or (b) of this section, as enacted
during the 2003 regular session of the Legislature, or the
application thereof to any person or circumstance, is found by a
court of law to be unconstitutional or otherwise invalid, the
maximum amount recoverable as damages for noneconomic loss in a
professional liability action brought against a health care
provider under this article shall thereafter not exceed $1 million.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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