Medical Malpractice Payouts in West Virginia
In West Virginia, the typical payment was $97,500, based on 4,000 payments from the National Practitioner Data Bank. That is about the same as the national figure of $97,500, the 21st highest of 51 states.
- $97,500typical (median)
- $230Kaverage
- 4,000payments
- 21stof 51 states
What the Records Show for West Virginia
Each public source on its own, with the typical amount, the middle half of all payments and the trend by year.
National Practitioner Data Bank · 1990–2025
$97,500typical payment (median). Half of all payments were between $22,500 and $285,000.
- Payments
- 4,000
- Total paid
- $921.8 million
- Top 10% above
- $595,000
- All states
- $97,500
Typical amount by year 2025: $345,000 typical, 48 payments
$200K$400K$600KTap or drag across the chart to read a year. Years with at least 5 payments.
Malpractice payments made for doctors and other licensed practitioners, reported to the federal data bank.
The National Practitioner Data Bank records payments made for individual doctors and other licensed practitioners, in the state where they worked. Payments a hospital makes on its own behalf, and claims that ended without a payment, are not in it.
In total, $921.8 million was recorded across 4,000 payments. One in ten was $595,000 or more.
Payouts in West Virginia by Injury
How badly the patient was hurt, as the data bank records it for payments since 2004.
| Injury | Typical in West Virginia | All states |
|---|---|---|
| Death556 payments | $195,000 | $225,000 |
| Brain damage, paralysis or lifelong care58 payments | $745,000 | $565,000 |
| Major permanent injury143 payments | $295,000 | $395,000 |
| Significant permanent injury213 payments | $225,000 | $245,000 |
| Minor permanent injury220 payments | $125,000 | $97,500 |
| Major temporary injury186 payments | $135,000 | $115,000 |
| Minor temporary injury268 payments | $47,500 | $32,500 |
| Emotional or insignificant injury195 payments | $8,750 | $22,500 |
Payouts in West Virginia by What Went Wrong
The data bank's allegation group. It is not the doctor's specialty: a surgery claim can involve a doctor who is not a surgeon.
| What went wrong | Typical in West Virginia | All states |
|---|---|---|
| Diagnosis1,177 payments | $135,000 | $175,000 |
| Surgery1,038 payments | $97,500 | $105,000 |
| Treatment948 payments | $52,500 | $52,500 |
| Childbirth and pregnancy (obstetrics)202 payments | $295,000 | $245,000 |
| Medication227 payments | $82,500 | $77,500 |
| Anesthesia90 payments | $97,500 | $145,000 |
| Monitoring60 payments | $90,000 | $135,000 |
| IV and blood products17 payments | $72,500 | $87,500 |
| Equipment or product119 payments | $1,500 | $27,500 |
| Other116 payments | $47,500 | $42,500 |
1 more group has too few payments in West Virginia for a typical amount.
Settled or Decided in Court in West Virginia
A court judgment is a payment after a trial or court decision. Everything else was settled.
| How it ended | Typical in West Virginia | All states |
|---|---|---|
| Settled3,876 payments | $92,500 | $97,500 |
| Court judgment124 payments | $250,000 | $205,000 |
How West Virginia Compares With Other States
Typical amount in every state from the same source. Across all states: $97,500.
- under $78K
- $78K–$98K
- $98K–$140K
- $140K and up
- 1Illinois$195,000
- 2Pennsylvania$195,000
- 3Massachusetts$185,000
- 4Connecticut$155,000
- 5Delaware$145,000
- 30South Carolina$97,500
- 31Texas$97,500
- 32West Virginia$97,500
- 33Oregon$92,500
- 34Louisiana$87,500
- 47Washington$67,500
- 48Wisconsin$67,500
- 49Vermont$62,500
- 50Utah$47,500
- 51California$27,500
All 51 states, ranked
- 1Illinois$195,000
- 2Pennsylvania$195,000
- 3Massachusetts$185,000
- 4Connecticut$155,000
- 5Delaware$145,000
- 6District of Columbia$145,000
- 7Florida$145,000
- 8Georgia$145,000
- 9New Jersey$145,000
- 10New York$145,000
- 11Rhode Island$140,000
- 12New Hampshire$135,000
- 13Alabama$125,000
- 14Arizona$125,000
- 15Maine$125,000
- 16Maryland$125,000
- 17Virginia$125,000
- 18Missouri$115,000
- 19Arkansas$110,000
- 20North Carolina$105,000
- 21Alaska$97,500
- 22Hawaii$97,500
- 23Kansas$97,500
- 24Mississippi$97,500
- 25Nebraska$97,500
- 26Nevada$97,500
- 27New Mexico$97,500
- 28Ohio$97,500
- 29Oklahoma$97,500
- 30South Carolina$97,500
- 31Texas$97,500
- 32West Virginia$97,500
- 33Oregon$92,500
- 34Louisiana$87,500
- 35Montana$87,500
- 36Tennessee$87,500
- 37Kentucky$82,500
- 38Wyoming$82,500
- 39Idaho$77,500
- 40Indiana$77,500
- 41Iowa$77,500
- 42North Dakota$77,500
- 43South Dakota$77,500
- 44Colorado$72,500
- 45Michigan$72,500
- 46Minnesota$72,500
- 47Washington$67,500
- 48Wisconsin$67,500
- 49Vermont$62,500
- 50Utah$47,500
- 51California$27,500
About These Numbers
Where the figures come from, how we counted, and how to use them.
- National Practitioner Data Bank: Malpractice payments made for doctors and other licensed practitioners, reported to the federal data bank.
- Typical is the median: half of the records are below it, half above. The average is the total divided by the number of records; a few very large amounts pull it up.
- Not adjusted for inflation. Each amount is counted in the year the source gives for it.
How the explorer counts, source by source
Download the full data set (CSV)
Public records as of October 15, 2026. You can use these figures; please link to this page. $98K is rounded on the map; the tables show exact amounts.
Questions About Medical Malpractice Payouts in West Virginia
Answers from the same records.
What is the average medical malpractice payout in West Virginia?
The typical payment, the median, was $97,500 across 4,000 payments reported for practitioners in West Virginia from 1990 to 2025. The average, $230,449, is higher than the typical amount because a few very large payments pull it up. Half of all payments were between $22,500 and $285,000.
How much do malpractice cases involving a death pay in West Virginia?
In 556 payments where the patient died, the typical payment was $195,000, against $225,000 across all states. The data bank records injury severity for payments since 2004.
How does West Virginia compare with other states?
West Virginia ranks 21st highest of 51 states for the typical amount. Across all states it was $97,500, so West Virginia is about the same.
Have amounts in West Virginia changed over time?
In 2025, the typical amount was $345,000 (48 payments), compared with $195,000 in 2015. Amounts are not adjusted for inflation.
What is not included in these numbers?
The National Practitioner Data Bank records payments made for individual doctors and other licensed practitioners, in the state where they worked. Payments a hospital makes on its own behalf, and claims that ended without a payment, are not in it.
More Records for West Virginia
Other kinds of cases in this state, a calculator for your own case, and the studies behind the numbers.
Other records for West Virginia
Calculators and studies
- Medical malpractice settlement calculatorEstimate a case of your own from the same kind of records
- Malpractice payments in all 50 statesA deeper study built on the same public records
- Why a death settles for less than a severe injuryA deeper study built on the same public records
- Settlement Data ExplorerEvery kind of case, state and source side by side