The West Virginia Insurance Commissioner’s 2021 Medical Malpractice Report 

April 14, 2022

Each year the State of West Virginia Office of the Insurance Commissioner publishes an annual report providing statistics regarding medical malpractice cases in West Virginia. According to the Insurance Commissioner’s Office medical malpractice claim frequency (the number of cases being brought) has decreased 60% from the year 2000 to 2020 which in large part is due to the significant tort reform hurdles that have been placed in the path of medical malpractice victims in West Virginia. In the year 2020 (the last year that data is available), there were 239 medical malpractice actions filed in West Virginia which was a decrease of 3.6% from the number of actions filed the preceding year. The counties with the largest number of cases being filed include Cabell County (23 claims), Kanawha County (56 claims), Mason and Monongalia Counties (each with 19 filed claims), and Raleigh County (25 claims). Finally, for all claims closed between the year 2013 and 2021 the Insurance Commissioner’s Office reports that there were 560 cases settlements, 250 dismissals, 35 judgments, 69 cases dismissed because of lack of a Certificate of Merit, and 142 claims dismissed because of a failure to pursue or voluntary withdrawal.