HB 2809
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
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill changes the time limit for filing medical malpractice lawsuits for minors. Currently, minors have two years from the date of injury to file a lawsuit, but this timeframe is only for those under 18. This bill removes that age restriction, extending the two-year filing period to two years from the injury date, or until the minor turns 12, whichever is later, as long as the lawsuit is filed within five years of their 18th birthday. It also clarifies that the statute of limitations for nursing homes and similar facilities is one year.
Key provisions
- Removes the age restriction of the two-year statute of limitations for minors filing medical malpractice lawsuits.
- Extends the statute of limitations to two years from the date of injury, or until the minor’s 12th birthday, whichever is later.
- The lawsuit must be filed within five years of the minor’s 18th birthday.
- The statute of limitations for nursing homes, assisted living facilities, and related healthcare entities remains one year.
- The lawsuit must be filed in the circuit court of the county where the alleged incident occurred.
- The statute of limitations can be tolled if fraud or collusion occurred to conceal the injury.
- Allows parties to agree to remove the case to federal court.
Who is affected
- Minors who have suffered medical injuries
- Parents or legal guardians of minors who have suffered medical injuries
- Healthcare providers (excluding nursing homes, assisted living facilities, etc.)
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