Senate Bill No. 106

(By Senator McKenzie, Bowman, Deem, Minard, Sharpe, Facemyer and Ross)

____________

[Introduced February 15, 2001; 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-one, 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-one, to read as follows:
ARTICLE 7.
ACTIONS FOR INJURIES.

§55-7-21. 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.

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