SB 510 — Relating to medical professional liability

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NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « Senate Bill 510 History OTHER VERSIONS  —  Committee Substitute (2)  |  Engrossed Version  |  Committee Substitute (1)  |  Introduced Version  |   |  Email Key:

Green = existing Code.

Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Committee Substitute for Senate Bill 510 Senators Takubo, Maroney, and Weld, original sponsors [Passed February 28, 2019;

in effect 90 days from passage]     AN ACT to amend and reenact §55-7B-6 of the Code of West Virginia, 1931, as amended, relating to medical professional liability;

providing for requirements for notice of claim;

setting out requirements for an expert who signs a certificate of merit;

and providing for information to be included with the certificate of merit.

Be it enacted by the Legislature of West Virginia:

For the purposes of this section, where the medical professional liability claim against a health care facility is premised upon the act or failure to act of agents, servants, employees, or officers of the health care facility, such agents, servants, employees, or officers shall be identified by area of professional practice,practice or role in the health care at issue.

(1) Is qualified as an expert under the West Virginia rules of evidenceevidence; and shall state with particularity:;

(1) (A) The basis for the expert’s familiarity with the applicable standard of care in at issue;

(2)(B)(B) the expert’s qualifications;

(3)(C)(C) the expert’s opinion as to how the applicable standard of care was breached;

and(D) (4)(D) the expert’s opinion as to how the breach of the applicable standard of care resulted in injury or death;

The person health care provider signing the screening certificate of merit shall have no financial interest in the underlying claim, but may participate as an expert witness in any judicial proceeding.

Nothing in this subsection may be construed to limit limits the application of Rule 15 of the Rules of Civil Procedure.

 (f) Any health care provider who receives a notice of claim pursuant to the provisions of this section may respond, in writing, to the claimant or his or her counsel within 30 days of receipt of the claim or within 30 days of receipt of the screening certificate of merit if the claimant is proceeding pursuant to the provisions of subsection (d) or (e) of this section.

The mediation shall otherwise be conducted pursuant to ruleRule 25 of the trialTrial courtCourt rules,Rules, unless portions of the rule are clearly not applicable to a mediation conducted prior to the filing of a complaint or unless the Supreme Court of Appeals promulgates rules governing mediation prior to the filing of a complaint.

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