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, rather than the previous requirement of within two years of the injury or prior to their 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 is set at one year from the date of injury or discovery, with a maximum of 10 years after the date of injury. It also includes provisions for tolling the statute of limitations in cases of fraud or misrepresentation by the healthcare provider. The venue for such actions is specified to be in the circuit court of the county where the alleged malpractice occurred, unless otherwise agreed upon by the parties involved.

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