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West Virginia Code > Chapter 55 > Article 7B - Medical Professional Liability

West Virginia Code > Chapter 55 > Article 7B - Medical Professional Liability


Current as of: 2010
§ 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
§ 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
§ 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-6dTwelve-member jury trial
§ 55-7B-7Testimony of expert witness on standard of care
§ 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 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-10Effective date; applicability of provisions
§ 55-7B-11Severability
§ 55-7B-12Self-funding program; requirements; minimum standards

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