SB487 SHOTT AMT

Reese 3382

Delegate Shott moves to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

Eng. Senate Bill No. 487 --A BILL to amend and reenact §55-7B-7a of the Code of West Virginia, 1931, as amended, relating to the admissibility of health care staffing requirements in medical professional liability litigation; providing that compliance with minimum staffing requirements under state and federal law creates a conclusive presumption that appropriate staffing was provided and a rebuttable presumption that adequate supervision of patients to prevent accidents was provided; requiring that if staffing is less than requirements dictated by state and federal law then there is a rebuttable presumption that there was inadequate supervision of patients and that inadequate staffing or inadequate supervision was a contributing cause of the patient’s fall and resulting injuries or death; and, requiring the jury be instructed accordingly.