SB 507
Extending statute of limitations for bringing actions for gender reassignment surgeries
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill proposes to extend the statute of limitations for filing lawsuits related to gender reassignment surgeries in West Virginia. It also aims to increase potential damages for surgeons who cause medical injuries during these procedures and for the prescription of related medications. Specifically, it modifies existing laws to provide a shorter timeframe for filing claims, particularly for minors, and allows for additional compensation in cases of negligence or harm.
Key provisions
- Extends the statute of limitations for gender reassignment surgery-related lawsuits to 20 years from the discovery of injury and causation.
- Allows for increased damages in medical injury lawsuits involving gender reassignment surgeries.
- Addresses the prescription of medications related to gender transition services.
- Specifies a one-year statute of limitations for nursing home and assisted living facility related injuries.
- Provides a longer timeframe (two years) for minor’s claims, based on the age of the minor at the time of injury.
- States that waivers of liability for gender reassignment surgery are unenforceable.
- Exempts certain actions related to disorders of sex development from the extended statute of limitations.
- Clarifies the location of lawsuits for nursing homes and assisted living facilities.
Who is affected
- Surgeons performing gender reassignment surgeries
- Patients undergoing gender reassignment surgeries
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