HB 4083
Relating to Medical Professional Responsibility
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill modifies West Virginia law regarding medical malpractice claims, specifically addressing actions related to gender transition services. It establishes a two-year statute of limitations for most medical injury claims, with a one-year limit for nursing homes and assisted living facilities. Notably, it introduces a 20-year statute of limitations for claims involving gender reassignment surgery, gender altering medication, or other gender transition services, and prohibits waivers of liability in these cases. The bill also clarifies definitions related to gender and gender transition, and outlines specific procedures for addressing claims involving minors.
Key provisions
- Establishes a two-year statute of limitations for most medical injury claims, except for nursing homes and assisted living facilities.
- Creates a one-year statute of limitations for medical injury claims against nursing homes, assisted living facilities, and related entities.
- Introduces a 20-year statute of limitations for medical injury claims related to gender reassignment surgery, gender altering medication, or other gender transition services.
- Prohibits waivers of liability in cases involving gender transition services.
- Defines key terms related to gender, including ‘gender,’ ‘gender altering medication,’ ‘gender reassignment surgery,’ and ‘gender transition.’
- Specifies venue for medical professional liability actions.
- Addresses the statute of limitations for claims involving minors.
Who is affected
- Healthcare providers
- Patients
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