W. Va. Code » §16-39-6. Enforcement.
West Virginia Code

W. Va. Code § 16-39-6 (2026)

Enforcement

✓ current as of May 2026
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ARTICLE 39. PATIENT SAFETY ACT.

§16-39-6. Enforcement.

(a) Any health care worker who believes that he or she has been retaliated or discriminated against in violation of section four of this article may file a civil action in any court of competent jurisdiction against the health care entity and the person believed to have violated section four of this article.

(b) A court, in rendering a judgment for a complainant in an action brought under this article, shall order, as the court considers appropriate, reinstatement of the health care worker, the payment of back wages, full reinstatement of fringe benefits and seniority rights, actual damages or any combination of these remedies. A court may also award the complainant, all or a portion of the costs of litigation, including reasonable attorneys fees and witness fees, if the court determines that the award is appropriate.

(c) An action may be brought under this subsection not later than two years after the date of the last event constituting the alleged violation for which the action is brought.

Notes of Decisions
Cited in 10 cases (8 in the last 5 years), 2010–2025 · leading case: Camden-Clark Mem'l Hosp. Corp. v. Tuan Nguyen, M.D., 807 S.E.2d 747 (W. Va. 2017).
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Camden-Clark Mem'l Hosp. Corp. v. Tuan Nguyen, M.D., 807 S.E.2d 747 (W. Va. 2017). · cites it 4× “§ 16-39-6(a). And a court, in rendering a judgment for a plaintiff in an action brought under the Act, can award a variety of remedies including reinstatement, actual damages, as well as reasonable attorneys’ fees and costs.”
Carper v. Watson, 697 S.E.2d 86 (W. Va. 2010). · cites it 4× “Code § 6C-1-5 (2006); W. Va.Code § 16-39-6(b) (2006). The Appellant argues that if attorney fees may only be included in the “costs” taxable under Rule 68(a) when a statute specifically defines them as such, then the same rule should apply to expert witness fees.”
Watkins v. Lincare Inc. (S.D.W. Va 2022). · cites it 3× “W. Va. Code § 16-39-6 . Plaintiff here asks the Court to award damages for loss of dignity, embarrassment, humiliation, aggravation, and emotional distress, in addition to the past and future economic losses she suffered.”
Davis v. Appalachian Reg'l Healthcare, Inc. (S.D.W. Va 2024). · cites it 3× “W. Va. Code § 16-39-6 (a)(emphasis supplied); [Doc.”
State ex rel. Grant Cnty. Comm'n v. Judge Nelson (W. Va. 2021). · cites it 2× “As no real discovery has taken place, we look to Ms. Linville’s complaint and resolve conflicts and inferences in the record in favor of her.”
Watkins v. Lincare Inc. (S.D.W. Va 2023). · cites it 2× “W. Va. Code § 16-39-6 . The issue here is whether the term “actual damages” encompasses damages for “loss of dignity, embarrassment, humiliation, aggravation, and emotional distress,” as alleged by Plaintiff.”
Hall v. E. Panhandle Anesthesia Assocs. (N.D.W. Va. 2025). · cites it 2× “”); W. Va. Code § 16-39-6 (c); Coleman v. Hous.”
State ex rel. Grant Cnty. Comm'n v. Judge Nelson (W. Va. 2021). “at § 16-39-6(a) (eff. 2001) (emphasis added).”
Watkins v. Lincare Inc. (S.D.W. Va 2023). “Code § 16-39-6 (not explicitly providing for emotional damages).”
Rebecca Swisher v. Braxton Cnty. Mem'l Hosp., Inc. (2025). “Swisher raised a common law Harless claim and relied on the WVPSA as the relevant public policy, her failure to produce evidence that her February 6, 2022, report was a good faith report of “wrongdoing” as defined in West Virginia Code § 16-39-3 would also have been fatal to a…”
W. Va. Code § 16-39-6(a): 4 cases
Camden-Clark Mem'l Hosp. Corp. v. Tuan Nguyen, M.D., 807 S.E.2d 747 (W. Va. 2017). “§ 16-39-6(a). And a court, in rendering a judgment for a plaintiff in an action brought under the Act, can award a variety of remedies including reinstatement, actual damages, as well as reasonable attorneys’ fees and costs.”
State ex rel. Grant Cnty. Comm'n v. Judge Nelson (W. Va. 2021). “at § 16-39-6(a) (eff. 2001) (emphasis added).”
Watkins v. Lincare Inc. (S.D.W. Va 2022). “W. Va. Code § 16-39-6 . Plaintiff here asks the Court to award damages for loss of dignity, embarrassment, humiliation, aggravation, and emotional distress, in addition to the past and future economic losses she suffered.”
Rebecca Swisher v. Braxton Cnty. Mem'l Hosp., Inc. (2025). “Swisher raised a common law Harless claim and relied on the WVPSA as the relevant public policy, her failure to produce evidence that her February 6, 2022, report was a good faith report of “wrongdoing” as defined in West Virginia Code § 16-39-3 would also have been fatal to a…”
W. Va. Code § 16-39-6(b): 2 cases
Carper v. Watson, 697 S.E.2d 86 (W. Va. 2010). “Code § 6C-1-5 (2006); W. Va.Code § 16-39-6(b) (2006). The Appellant argues that if attorney fees may only be included in the “costs” taxable under Rule 68(a) when a statute specifically defines them as such, then the same rule should apply to expert witness fees.”
Camden-Clark Mem'l Hosp. Corp. v. Tuan Nguyen, M.D., 807 S.E.2d 747 (W. Va. 2017). “§ 16-39-6(a). And a court, in rendering a judgment for a plaintiff in an action brought under the Act, can award a variety of remedies including reinstatement, actual damages, as well as reasonable attorneys’ fees and costs.”
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