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Does WV Code 55-7B-4 Bar a Malpractice Claim Discovered After 10 Years?

Posted On September 7, 2026 I Legislation and New Laws

Understanding West Virginia’s 10-Year Deadline for Medical Malpractice Claims Key Takeaways: West Virginia Code §55-7B-4 generally bars medical malpractice claims filed more than 10 years after the date of medical injury, functioning as a statute of repose that extinguishes claims even before discovery. This 10-year cap runs alongside a two-year statute of limitations that the…

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What Is the 10-Year Statute of Repose Under WV Code 55-7B-4 in Morgantown?

Posted On September 3, 2026 I Legislation and New Laws

Understanding West Virginia’s Absolute Deadline for Medical Malpractice Claims Key Takeaways: The 10-year statute of repose under WV Code 55-7B-4 bars any medical malpractice action filed more than ten years after the date of injury, even when harm was not yet discovered. Unlike the two-year statute of limitations, which can be extended by the discovery…

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