Is there a difference between professional negligence and medical malpractice?
Yes, there is a difference between professional negligence and medical malpractice in West Virginia. Professional negligence is a civil wrong that occurs when a professional, such as a lawyer, accountant, architect, or physician, fails to perform their duty in a manner that meets the standard of care of their profession, resulting in loss or harm to the client. This can include errors in services, such as a lawyer giving incorrect advice or a doctor providing a wrong diagnosis. On the other hand, medical malpractice is a form of professional negligence specifically related to the medical profession. It occurs when a medical provider, such as a doctor, nurse, or hospital staff, fails to meet the standard of care, resulting in a patient suffering significant harm or even death. In West Virginia, claims of professional negligence must be filed within two years of the date of the injury or when the injury is discovered. Likewise, medical malpractice claims must be filed within two years from the date of the malpractice incident or when the injury is discovered, but no later than five years from the date the malpractice occurred. Additionally, damages have a cap of $250,000 for professional negligence and $500,000 for medical malpractice, under the West Virginia Medical Professional Liability Act.
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