Section 55-7B-4 of the Medical Professional Liability Act (MPLA) requires that lawsuits for injuries to minors under ten years of age must be filed within two years of the date of injury or prior to the minor’s twelfth birthday. We published a blog, which may be viewed here, based on the Intermediate Court of Appeals upholding of this statute in November 2025. Now, the West Virginia Legislature has introduced a bill amending this statute of limitations.
The amendment introduced to the House Judiciary on January 28, 2026, attempts to remove the two-year timeframe for medical professional liability suits to be filed only for individuals who were minors when their procedures were performed. The amended § 55-7B-4 allows an action to be brought on behalf of a minor who was under 18 at the time of injury within five years after the minor turns 18 years old. This bill has been presented before in both 2024 and 2025, and on both occasions, it has failed to amend this provision of the MPLA.
This expansion of the statute of limitations in the MPLA will allow for medical malpractice suits to be filed over twenty years after an injury may have occurred. This amendment will be important to monitor throughout this legislative session as it scales back the MPLA’s protection of health care providers.