A verdict for past medical expenses is limited to:
(1) The total amount of past medical expenses paid by or on behalf of the plaintiff; and
(2) The total amount of past medical expenses incurred but not paid by or on behalf of the plaintiff for which the plaintiff or another person on behalf of the plaintiff is obligated to pay.
Structure West Virginia Code
Chapter 55. Actions, Suits and Arbitration; Judicial Sale
Article 7B. Medical Professional Liability
§55-7B-1. Legislative Findings and Declaration of Purpose
§55-7B-4. Health Care Injuries; Limitations of Actions; Exceptions; Venue
§55-7B-6. Prerequisites for Filing an Action Against a Health Care Provider; Procedures; Sanctions
§55-7B-6a. Access to Medical Records
§55-7B-6b. Expedited Resolution of Cases Against Health Care Providers; Time Frames
§55-7B-7. Testimony of Expert Witness on Standard of Care
§55-7B-7a. Admissibility and Use of Certain Information
§55-7B-8. Limit on Liability for Noneconomic Loss
§55-7B-9b. Limitations on Third-Party Claims
§55-7B-9d. Adjustment of Verdict for Past Medical Expenses
§55-7B-10. Effective Date; Applicability of Provisions
§55-7B-12. Self-Funding Program; Requirements; Minimum Standards