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 raises the age limit for minors from 10 to 18 years, allowing claims to be filed within two years of the injury or before the minor's 20th birthday, whichever is longer.
Furthermore, the bill introduces a new provision stating that the article's regulations do not apply to services related to abortion, euthanasia, gender transition hormone therapy, or medical care under Chapter 16A of the code. It specifies that any claims arising from these circumstances are not subject to the provisions of the medical professional liability article. The bill also modifies the language regarding the statute of limitations and the venue for filing claims against specific healthcare facilities, ensuring that actions are brought in the appropriate circuit court unless otherwise agreed.
Statutes affected: Introduced Version: 55-7B-4