Senate Bill No. 744
(By Senators Wooton, Ball, Bowman, Dittmar, Fanning, Hunter,
Kessler, Oliverio, Ross, Schoonover, Snyder, White, Buckalew, Deem,
Kimble and Scott)
[Originating in the Committee on the Judiciary;
reported February 25, 1998.]
A BILL to amend article seven, chapter fifty-five of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
nineteen, relating to limiting the liability of physicians who
render voluntary services for certain athletic events.
Be it enacted by the Legislature of West Virginia:
That article seven, chapter fifty-five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
nineteen, to read as follows:
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-19. Liability of physicians who render services at school
athletic events; limiting liability; exceptions.
(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 is acting
in the capacity of a volunteer team physician in attendance at an
athletic event sponsored by a public or private elementary or
secondary school; and (2) who gratuitously and in good faith prior
to the athletic event agrees to render emergency care or treatment
to any participant during such event in connection with an
emergency arising during or as the result of such event, without
objection of such participant, shall not be held liable for any
civil damages as a result of such care or treatment, or as a result
of any act or failure to act in providing or arranging further
medical treatment, to an extent greater than the applicable limits
of his or her professional liability insurance policy or policies
when such care or treatment was rendered in accordance with the
acceptable standard of care established in section three, article
seven-b of this chapter.
(b) The limitation of liability established by the provisions
of this section shall not apply to acts or omissions constituting
gross negligence. For purposes of this section, the term "athletic
event" includes scheduled practices for any athletic event.