Senate Bill No. 181
(By Senator McKenzie)
____________
[Introduced January 24, 2000;
referred to the Committee on the Judiciary.]
____________
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
twenty, 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 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 twenty,
to read as follows:
ARTICLE 7.ACTIONS FOR INJURIES.
§55-7-20. Liability of physicians who render medical services
without remuneration to indigent individuals.
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
is acting in the capacity of a volunteer physician; and (2) who
gratuitously and in good faith prior to rendering medical services
to indigent individuals, without objection of such indigent
individuals, shall not be held liable for any civil damages as a
result of such care or treatment.
(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
"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.
§55-7-20 is new, therefore, strike-throughs and underscoring have
been omitted.