West Virginia Code > Chapter 55 > Article 7B – Medical Professional Liability


55-7B-1	Legislative findings and declaration of purpose
55-7B-2	Definitions
55-7B-3	Elements of proof
55-7B-4	Health care injuries; limitations of actions; exceptions; venue
55-7B-5	Health care actions; complaint; specific amount of damages not to be stated; limitation on bad faith claims; filing of first party bad faith claims; when plaintiff’s criminal conduct bars recovery
55-7B-6	Prerequisites for filing an action against a health care provider; procedures; sanctions
55-7B-6a	Access to medical records
55-7B-6b	Expedited resolution of cases against health care providers; time frames
55-7B-6c	Summary jury trial
55-7B-7	Testimony of expert witness on standard of care
55-7B-7a	Admissibility and use of certain information
55-7B-8	Limit on liability for noneconomic loss
55-7B-9	Several liability
55-7B-9a	Reduction in compensatory damages for economic losses for payments from collateral sources for the same injury
55-7B-9b	Limitations on third-party claims
55-7B-9c	Limit on liability for treatment of emergency conditions for which patient is admitted to a designated trauma center; exceptions; emergency rules
55-7B-9d	Adjustment of verdict for past medical expenses
55-7B-10	Effective date; applicability of provisions
55-7B-11	Severability
55-7B-12	Self-funding program; requirements; minimum standards

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Terms Used In West Virginia Code > Chapter 55 > Article 7B - Medical Professional Liability

Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Committee substitute: Short for committee amendment in the nature of a substitute.
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Contract: A legal written agreement that becomes binding when signed.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Fiduciary: A trustee, executor, or administrator.
Fraud: Intentional deception resulting in injury to another.
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
Lien: A claim against real or personal property in satisfaction of a debt.
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
Plaintiff: The person who files the complaint in a civil lawsuit.
Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
Statute: A law passed by a legislature.
Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
Subpoena: A command to a witness to appear and give testimony.
Testify: Answer questions in court.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trustee: A person or institution holding and administering property in trust.
Verdict: The decision of a petit jury or a judge.
Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."