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Introduced Version Senate Bill 131 History

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sb131 intr
Senate Bill No. 131

(By Senators McKenzie, Barnes, Foster, Jenkins and Deem)

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[Introduced February 9, 2005; referred to the Committee

on the Judiciary.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-23, relating to limiting the liability of physicians who render services without remuneration to indigent individuals in need of medical services.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §55-7-23,
to read as follows:
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-23. Liability of physicians who render medical services without remuneration to indigent individuals.

(a) Any person licensed to practice medicine and surgery pursuant to the provisions of article three, chapter thirty of this code or any person licensed to practice medicine and surgery as an osteopathic physician and surgeon pursuant to the provisions of article fourteen, chapter thirty of this code: (1) Who renders medical services, without remuneration, to an indigent individual; and (2) who gratuitously and in good faith renders the medical services to the indigent individual, without objection from the indigent individual, may not be held liable for any civil damages as a result of the care or treatment rendered.
(b) The limitation of liability established by the provisions of this section does not apply to acts or omissions constituting gross negligence. For purposes of this section, the term "indigent" means a person who is without the monetary resources to obtain medical services.

NOTE: The purpose of this bill is to allow physicians to render medical services to indigent individuals without fear of civil liability. This liability limitation will not apply to acts or omissions constituting gross negligence.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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