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 years of the date when such person discovers, or with the exercise of reasonable diligence, should have discovered such injury, whichever last occurs: provided, that in no event shall any such action be commenced more than ten years after the date of injury.
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.
Renner v. Asli, 280 S.E.2d 240 (W. Va. 1981). (Questions of when the malpractice occurred and when the patient became aware of the negligence are questions of fact for a jury and, therefore, summary judgment is inappropriate. The case involved the accidental severance of the ulnar nerve and the failure of the physician to detect or recognize this injury.)
Harrison v. Seltzer, 268 S.E.2d 312 (W. Va. 1980). (Summary judgment was improper in the presence of an unresolved factual issue as to whether the physician informed the plaintiff that he had a circulatory problem (arterial blockage) which would render hazardous the proposed skin grafting procedure. The plaintiff was not barred by the two-year statute where a factual issue existed as to whether he was aware of the malpractice, namely, the misdiagnosis of his severe circulatory problem.)