H. B. 2011
By Delegate Long
(Originating in the Committee on the Judiciary)
[March 28, 2005]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §55-7-23, relating to
removing health care providers' exposure to liability where,
in certain cases involving prescription drugs and medical
devices, a person has been injured.
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
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-23. Prescription drugs and medical devices; limiting health
care providers' liability exposure.
No health care provider, as defined in section two, article
seven-b of this chapter, is liable to a patient or third party for
injuries sustained as a result of the ingestion of a prescription drug or use of a medical device that was prescribed by the health
care provider in accordance with instructions approved by the U.S.
Food and Drug Administration regarding the dosage and
administration of the drug, the indications for which the drug
should be taken or device should be used, and the contraindications
against taking the drug or using the device.