SENATE CONCURRENT RESOLUTION 51

(By Senators Maroney, Takubo, Jeffries, Beach, Rucker, and Stollings)

[Introduced  March 7, 2019]

Requesting the Joint Committee on the Judiciary study legislation relating to the creation of long-term care medical review panels.

Whereas, For many years, West Virginia’s legal climate has been the subject of much scrutiny and criticism for lawsuit filings and verdicts considered by many to be outside of the legal mainstream; and

Whereas, Lawsuits against long-term care providers have been of particular focus after significant verdicts were rendered against long-term care providers; and

Whereas, The West Virginia Legislature has taken steps in recent years to modify the Medical Professional Liability Act to confirm that claims against long-term care providers are covered by the act and to appropriately balance the interests of those injured with the interests of health care providers; and

Whereas, The steps taken by the West Virginia Legislature have had a positive impact on the severity of damages awarded in cases against long-term care providers; and

Whereas, The frequency of lawsuits against long-term care providers in West Virginia continues to be an issue, as lawsuit filings have not decreased despite the reforms enacted by the West Virginia Legislature; and

Whereas, Sixteen states currently have legislation authorizing the use of medical review panels to objectively evaluate the sufficiency of medical liability claims; and

Whereas, Medical review panels can provide an opportunity to reduce claims where the standard of care has not been violated, while also supporting the resolution of legitimate claims; and

Whereas, The result of medical review panels in other states is the elimination of unnecessary and unfounded litigation, allowing for a focus on valid claims; and

Whereas, The creation of an effective system of medical review panels devoted to actions or suits brought against long-term care providers in West Virginia could provide a model for dispute resolution for other liability claims under the Medical Professional Liability Act; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on the Judiciary is hereby requested to study legislation relating to the creation of long-term care medical review panels; and, be it

Further Resolved, That the Joint Committee on the Judiciary report to the regular session of the Legislature, 2020, on its findings, conclusions, and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, prepare a report, and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.