To establish liability and recover damages in West Virginia medical negligence cases, you must prove that the medical professional breached the standard of care that others in the profession would employ in the same or similar circumstances. This often requires the use of an expert to testify about the appropriate standard and how the doctor, therapist, nurse and others failed to meet that standard. All medical malpractice lawsuits in West Virginia are subject to the same statute of limitations – or deadline for filing a claim. Victims of medical malpractice only have a short amount of time from the date the injury is discovered to file a claim. Failing to file your lawsuit within this window of time can result in your case being thrown out and make receiving compensation impossible.