West Virginia Code
Article 7B. Medical Professional Liability
§55-7B-11. Severability

(a) If any provision of this article as enacted during the first extraordinary session of the Legislature, 1986, in House Bill 149, or as enacted during the regular session of the Legislature, 1986, in Senate Bill 714, or as enacted during the regular session of the Legislature, 2015, or in Senate Bill 338, as enacted during the regular session of the Legislature, 2017, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article, and to this end, the provisions of this article are declared to be severable.
(b) If any provision of the amendments to section five of this article, any provision of section six-d of this article or any provision of the amendments to section eleven, article six, chapter fifty-six of this code as provided in House Bill 601, enacted during the sixth extraordinary session of the Legislature, 2001, is held invalid, or the application thereof to any person is held invalid, then, notwithstanding any other provision of law, every other provision of said House Bill 601 shall be deemed invalid and of no further force and effect.
(c) If any provision of the amendments to section six or ten of this article or any provision of section six-a, six-b or six-c of this article as provided in House Bill 601, enacted during the sixth extraordinary session of the Legislature, 2001, is held invalid, the invalidity does not affect other provisions or applications of this article, and to this end, such provisions are deemed severable.

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