The Solution

In order to keep our doctors in West Virginia and recruit new doctors to the state, we need legislation that will accomplish the following:

  • Limit the settlement an attorney can receive so that more of the award goes to the patient rather than to the attorney
  • Require that doctors who testify in medical liability cases be experts in the field of medicine in which they are testifying
  • Place monetary limits on non-economic damages for pain and suffering
  • Hold the health care providers responsible in medical liability cases only for the amount of damages for which they are at fault. This change would prevent those who are not at fault from paying for injuries for which they are not responsible
  • Disclose to the court when other insurers have already paid for a plaintiff's injuries so that people who sue do not get paid more than once for the same damages.
  • Place a limit on liability in cases where patients are treated in an emergency setting unless there is clear evidence of negligence or wrongful conduct

Click here for talking points to medical liability reform bill

Click here for overview of medical liability reform bill