Signed by Governor Earl Tomblin

Vetoed by Governor Earl Tomblin

Vote Smart's Synopsis:

Vote to pass a bill that amends existing medical malpractice law, effective July 1, 2015.

Highlights:

• Limits compensatory damages recoverable to $500,000 for noneconomic loss in a professional liability action brought against a “health care provider” for each occurrence, regardless of the number of plaintiffs or defendants, where the damages suffered include the following injuries (Sec. 1):
• • Wrongful death; 
  • Permanent and substantial physical deformity;
  • Loss of use of a limb or a bodily organ system; and
  • Permanent physical or mental functional injury that leads to dependency care. 
• Defines “health care provider” to include physician’s assistant, nursing practitioner, certified nursing assistant, pharmacist, technician, emergency medical service personnel, and any person supervised by or acting under the direction of a licensed professional (Sec. 2).
• Defines “health care facility” to include any pharmacy, group residential facility, child welfare agency, end-stage renal disease facility, or any “related entity” to the health care facility in and licensed, regulated, or certified by the state of West Virginia (Sec. 2).
• Defines “related entity” as any corporation, foundation, partnership, joint venture, professional limited liability company, trust, affiliate or other entity under common control or ownership with a health care provider or health care facility (Sec. 2).

Full Bill Text