H. B. 2356
(By Delegates G. Martin, Haskins, Overington, Nesbitt,
Evans, Henderson and Border)
[Introduced February 3, 1995; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section four, article seven-b,
chapter fifty-five of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
reducing the maximum statute of limitations for medical
professional liability from ten years to six years.
Be it enacted by the Legislature of West Virginia:
That section four, article seven-b, chapter fifty-five of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 7B. MEDICAL PROFESSIONAL LIABILITY.
§55-7B-4. Health care injuries; limitations of actions;
exceptions.
(a) A cause of action for injury to a person alleging
medical professional liability against a health care provider
arises as of the date of injury, except as provided in subsection
(b) of this section, and must be commenced within two years of
the date of such the injury, or within two years of the date when
such the person discovers, or with the exercise of reasonable
diligence, should have discovered such the injury, whichever last
occurs: Provided, That in no event shall any such action be
commenced more than ten six years after the date of injury.
(b) A cause of action for injury to a minor, brought by or
on behalf of a minor who was under the age of ten years at the
time of such the injury, shall be commenced within two years of
the date of such the injury, or prior to the minor's twelfth
birthday, whichever provides the longer period.
(c) The periods of limitation set forth in this section
shall be tolled for any period during which the health care
provider or its representative has committed fraud or collusion
by concealing or misrepresenting material facts about the injury.
NOTE: The purpose of this bill is to reduce the statute of
limitations for medical professional liability claims from ten
years to six years.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.