This bill amends the Code of West Virginia to clarify the statute of limitations for medical malpractice claims involving minors. Specifically, it changes the age at which a minor can bring a medical malpractice cause of action from under 10 years old to under 18 years old. The bill also modifies the time frame for filing such claims; instead of requiring that the action be commenced within two years of the injury or prior to the minor's 12th birthday, it now allows for claims to be filed within five years after the minor turns 18 years old.

Additionally, the bill maintains the existing statute of limitations for medical malpractice claims against health care providers, with a one-year limit for claims against nursing homes and assisted living facilities, and a general 10-year cap on all claims from the date of injury. The bill also includes provisions for tolling the statute of limitations in cases of fraud or misrepresentation by the health care provider. Overall, the purpose of this legislation is to provide clearer guidelines for minors seeking to pursue medical malpractice claims.

Statutes affected:
Introduced Version: 55-7B-4