HB4873

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

Introduced·1/28/26
Intr Text

Extends the statute of limitations for minors to file medical malpractice suits to five years after they turn 18.

West Virginia HB4873 amends the statute of limitations for medical malpractice suits for minors. It allows minors who were under 18 at the time of their injury to file a cause of action within two years of the injury or before their 12th birthday, whichever is longer. The suit must be filed within five years after the minor turns 18. This change applies to medical injuries from health care providers, excluding nursing homes, assisted living facilities, and distinct parts of acute care hospitals providing intermediate or skilled nursing care.

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Where it stands

Current
Judiciary Committee
Next
Committee decision

Sponsors

0
1
R
Democratic CaucusRepublican Caucus

History

Jan 28

House

Filed for introduction

Jan 28

House

To Judiciary

Jan 28

House

Introduced in House