§55-7B-4. Health care injuries; limitations of actions;
(a) A cause of action for injury to a person alleging medical
professional liability against a health care provider arises as of
the date of injury, except as provided in subsection (b) of this
section, and must be commenced within two years of the date of such
injury, or within two year of the date when such person discovers,
or with the exercise of reasonable diligence, should have
discovered such injury, whichever last occurs: Provided,
no event shall any such action be commenced more than ten years
after the date of injury.
(b) A cause of action for injury to a minor, brought by or on
behalf of a minor who was under the age of ten years at the time of
such injury, shall be commenced within two years of the date of
such injury, or prior to the minor's twelfth birthday, whichever
provides the longer period.
(c) The periods of limitation set forth in this section shall
be tolled for any period during which the health care provider or
its representative has committed fraud or collusion by concealing
or misrepresenting material facts about the injury.
Note: WV Code updated with legislation passed through the 2012 1st Special Session