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 threshold for minors from under 10 years to under 18 years when determining the time frame for bringing a medical malpractice cause of action. The bill stipulates that a minor who was under the age of 18 at the time of the injury must commence their action within five years after turning 18 years old, replacing the previous requirement of two years from the date of injury or prior to the minor's 12th birthday, whichever provided a longer period.

Additionally, the bill maintains the existing statute of limitations for medical malpractice claims against nursing homes and assisted living facilities, which must be initiated within one year of the injury or discovery of the injury, with a maximum limit of 10 years from the date of the injury. The bill also includes provisions regarding the tolling of the statute of limitations in cases of fraud or misrepresentation by the healthcare provider and specifies the venue for filing such actions. Overall, the purpose of this legislation is to provide clearer guidelines for minors seeking to file medical malpractice claims.

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