This bill amends West Virginia's medical professional liability laws, specifically section 55-7B-4, to clarify the time limits for filing medical injury claims against various healthcare providers. It establishes that claims against general health care providers must be initiated within two years of the injury or discovery of the injury, while claims against nursing homes, assisted living facilities, and certain hospital entities must be filed within one year. Additionally, the bill specifies that claims for injuries to minors must be filed within two years or before the minor's 20th birthday, whichever is longer. The bill also includes provisions for tolling the statute of limitations in cases of fraud or concealment by the healthcare provider.
Furthermore, the bill introduces a new provision that explicitly states the article does not apply to services related to abortion, euthanasia, gender transition hormone therapy, or medical care under Chapter 16A of the code. This means that any legal actions arising from these specific circumstances will not be governed by the medical professional liability provisions outlined in this article. The bill aims to clarify the legal landscape surrounding medical professional liability and ensure that certain practices are excluded from its scope.
Statutes affected: Introduced Version: 55-7B-4