# Emergency care total damages · West Virginia — Medical malpractice noneconomic damages caps by state

For Emergency care total damages · West Virginia, state is West Virginia; type of cap is Emergency care total damages; cap amount is the total amount of civil damages recoverable may not exceed $500,000, for each occurrence, exclusive of interest computed from the date of judgment, and regardless of the number of plaintiffs or the number of defendants; constitutional status is In force; statutory citation is §55-7B-9c, recorded from its source on 2026-08-31.

- **State:** West Virginia _(our reading, not quoted from the source)_
- **Type of cap:** Emergency care total damages _(our reading, not quoted from the source)_
- **Cap amount:** the total amount of civil damages recoverable may not exceed $500,000, for each occurrence, exclusive of interest computed from the date of judgment, and regardless of the number of plaintiffs or the number of defendants _(verified: appears in the quote below)_
- **Constitutional status:** In force _(our reading, not quoted from the source)_
- **Statutory citation:** §55-7B-9c _(verified: appears in its own passage below)_

## What the source says

> In any action brought under this article for injury to or death of a patient as a result of health care services or assistance rendered in good faith and necessitated by an emergency condition for which the patient enters a health care facility designated by the Office of Emergency Medical Services as a trauma center, including health care services or assistance rendered in good faith by a licensed emergency medical services authority or agency, certified emergency medical service personnel or an employee of a licensed emergency medical services authority or agency, the total amount of civil damages recoverable may not exceed $500,000, for each occurrence, exclusive of interest computed from the date of judgment, and regardless of the number of plaintiffs or the number of defendants or, in the case of wrongful death, regardless of the number of distributees.

## Where each value comes from

This source states these in separate places, so each value is shown with the passage that states it.

### Statutory citation

> §55-7B-9c. Limit on liability for treatment of emergency conditions for which patient is admitted to a designated trauma center; exceptions; emergency rules.

## Source

- https://code.wvlegislature.gov/55-7B-9c/

Last verified: 2026-08-31. Review by: 2027-02-27.
Part of [Medical malpractice noneconomic damages caps by state](https://referencesource.org/state-medical-malpractice-damages-caps/).