Bill
Bill > HB4873
WV HB4873
WV HB4873To remove the 2 year timeframe for medical malpractice suits to be filed only for individuals who were minors when they had their procedures performed
summary
Introduced
01/28/2026
01/28/2026
In Committee
01/28/2026
01/28/2026
Crossed Over
Passed
Dead
Introduced Session
2026 Regular Session
Bill Summary
The purpose of this bill is to clarify when a minor may bring a medical malpractice cause of action.
AI Summary
This bill amends West Virginia law concerning medical malpractice lawsuits, specifically for individuals who were minors at the time of their injury. Currently, a lawsuit for medical injury, which refers to a claim of medical professional liability against a healthcare provider, must generally be filed within two years of the injury or when the injury is discovered, with a maximum of ten years. However, this bill changes the exception for minors. Previously, a minor under 10 years old had two years from the date of injury or until their 12th birthday, whichever was longer, to file a lawsuit. This bill removes the age of 10 and the two-year timeframe for minors, instead allowing a lawsuit for injury to a minor to be commenced within five years after the minor turns 18 years old, effectively extending the time for them to bring a claim.
Committee Categories
Justice
Sponsors (1)
Last Action
To House Judiciary (on 01/28/2026)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=4873&year=2026&sessiontype=RS&btype=bill |
| BillText | http://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=hb4873%20intr.htm&yr=2026&sesstype=RS&i=4873 |
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