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WV HB2809
Bill
Status
2/21/2025
Primary Sponsor
Elliott Pritt
Click for details
AI Summary
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Extends the statute of limitations for medical malpractice claims involving minors from the current requirement (within two years of injury or before the minor's 12th birthday) to within five years after the minor turns 18 years old
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Applies to any minor who was under 18 years of age at the time of the medical injury, expanded from the current threshold of under 10 years old
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Maintains existing two-year statute of limitations for adult medical malpractice claims against most health care providers, with a 10-year maximum cap
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Maintains existing one-year statute of limitations for claims against nursing homes, assisted living facilities, and skilled nursing care facilities
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Preserves existing provisions that toll limitation periods when health care providers commit fraud or conceal material facts about the injury
Legislative Description
To remove the 2 year timeframe for medical malpractice suits to be filed ONLY for individuals who were minors when they had their procedures performed
Health
Last Action
To House Judiciary
2/21/2025