H. B. 2359
(By Delegates G. Martin, Haskins, Border,
Evans and Henderson)
[Introduced February 3, 1995; referred to the
Committee on the Judiciary.]
A BILL to amend article seven-b, chapter fifty-five of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
twelve, relating to requiring that in medical professional
liability cases, before a claim may be filed, a qualified
health care professional, practicing in the same field,
review the claim and state that there is a reasonable and
meritorious cause for filing the action.
Be it enacted by the Legislature of West Virginia:
That article seven-b, chapter fifty-five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section twelve, to read as follows:
ARTICLE 7B. MEDICAL PROFESSIONAL LIABILITY.
§55-7B-12. Meritorious claims screening.
Claims may be filed only if a qualified health care
professional, practicing in the same field, reviewed the claim
and stated that there is a reasonable and meritorious cause for
filing the action.
NOTE: The purpose of this bill is to require that all
medical professional liability claims be screened by a qualified
health care professional before a claim can be filed.
Section twelve, article seven-b, chapter fifty-five is new;
therefore, strike-throughs and underscoring have been omitted.