West Virginia’s One Percent Assessment on Medical Malpractice Settlements and Judgements is No Longer Applicable

August 19, 2021

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The West Virginia Legislature, through W.Va. Code §29-12D-1c required patients to pay a 1% assessment to the West Virginia Board of Risk and Insurance Management on the gross amount of any medical malpractice settlement or judgement. The purpose of this assessment was to fund the Patient Injury Compensation Fund. That Fund is now fully funded and patients no longer must pay the 1% assessment to the West Virginia Board of Risk and Insurance Management.