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.