West Virginia Code
Article 7B. Medical Professional Liability
§55-7B-10. Effective Date; Applicability of Provisions

(a) The provisions of House Bill 149, enacted during the first extraordinary session of the Legislature, 1986, shall be effective at the same time that the provisions of Enrolled Senate Bill 714, enacted during the regular session of the Legislature, 1986, become effective, and the provisions of said House Bill 149 shall be deemed to amend the provisions of Enrolled Senate Bill 714. The provisions of this article shall not apply to injuries which occur before the effective date of said Enrolled Senate Bill 714.
The amendments to this article as provided in House Bill 601, enacted during the sixth extraordinary session of the Legislature, 2001, apply to all causes of action alleging medical professional liability which are filed on or after March 1, 2002.
The amendments to this article provided in Enrolled Committee Substitute for House Bill 2122 during the regular session of the Legislature, 2003, apply to all causes of action alleging medical professional liability which are filed on or after July 1, 2003.
(b) The amendments to this article provided in Enrolled Committee Substitute for Senate Bill 6 during the regular session of the Legislature, 2015, apply to all causes of action alleging medical professional liability which are filed on or after July 1, 2015.
(c) The amendments to this article provided in Enrolled Committee Substitute for Senate Bill 338 during the regular session of the Legislature, 2017, apply to all causes of action alleging medical professional liability which arise or accrue on or after July 1, 2017.

Structure West Virginia Code

West Virginia Code

Chapter 55. Actions, Suits and Arbitration; Judicial Sale

Article 7B. Medical Professional Liability

§55-7B-1. Legislative Findings and Declaration of Purpose

§55-7B-2. Definitions

§55-7B-3. Elements of Proof

§55-7B-4. Health Care Injuries; Limitations of Actions; Exceptions; Venue

§55-7B-5. Health Care Actions; Complaint; Specific Amount of Damages Not to Be Stated; Limitation on Bad Faith Claims; Filing of First Party Bad Faith Claims; When Plaintiff’s Criminal Conduct Bars Recovery

§55-7B-6. Prerequisites for Filing an Action Against a Health Care Provider; Procedures; Sanctions

§55-7B-6a. Access to Medical Records

§55-7B-6b. Expedited Resolution of Cases Against Health Care Providers; Time Frames

§55-7B-6c. Summary Jury Trial

§55-7B-7. Testimony of Expert Witness on Standard of Care

§55-7B-7a. Admissibility and Use of Certain Information

§55-7B-8. Limit on Liability for Noneconomic Loss

§55-7B-9. Several Liability

§55-7B-9a. Reduction in Compensatory Damages for Economic Losses for Payments From Collateral Sources for the Same Injury

§55-7B-9b. Limitations on Third-Party Claims

§55-7B-9c. Limit on Liability for Treatment of Emergency Conditions for Which Patient Is Admitted to a Designated Trauma Center; Exceptions; Emergency Rules

§55-7B-9d. Adjustment of Verdict for Past Medical Expenses

§55-7B-10. Effective Date; Applicability of Provisions

§55-7B-11. Severability

§55-7B-12. Self-Funding Program; Requirements; Minimum Standards