Medical Professional Liability. | Midpage

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West Virginia Code

7B

Medical Professional Liability.

55-7B-1Legislative findings and declaration of purpose.55-7B-2Definitions.55-7B-3Elements of proof.55-7B-4Health care injuries; limitations of actions; exceptions; venue.55-7B-5Health 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-6Prerequisites for filing an action against a health care provider; procedures; sanctions.55-7B-6aAccess to medical records.55-7B-6bExpedited resolution of cases against health care providers; time frames.55-7B-6cSummary jury trial.55-7B-7Testimony of expert witness on standard of care.55-7B-7aAdmissibility and use of certain information.55-7B-8Limit on liability for noneconomic loss.55-7B-9Several liability.55-7B-9aReduction in compensatory damages for economic losses for payments from collateral sources for the same injury.55-7B-9bLimitations on third-party claims.55-7B-9cLimit on liability for treatment of emergency conditions for which patient is admitted to a designated trauma center; exceptions; emergency rules.55-7B-9dAdjustment of verdict for past medical expenses.55-7B-10Effective date; applicability of provisions.55-7B-11Severability.55-7B-12Self-funding program; requirements; minimum standards.