West Virginia law does cap the potential liability of a medical malpractice defendant. However, in order to qualify for the limitation on damages, a doctor must carry at least $1 million dollars in medical malpractice insurance. Assuming that the doctor does have adequate coverage, the legislature has limited the potential liability for noneconomic damages (such as pain and suffering) to approximately $250,000 in most cases. That amount is to be adjusted for inflation annually. In extreme cases of catastrophic injury, the limit for noneconomic damages is raised to $500,000 to be adjusted annually for inflation.
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