WVC 55 - 7 B- 9 B
§55-7B-9b. Limitations on third-party claims.
An action may not be maintained against a health care provider
pursuant to this article by or on behalf of a third-party
nonpatient for rendering or failing to render health care services
to a patient whose subsequent act is a proximate cause of injury or
death to the third party unless the health care provider rendered
or failed to render health care services in willful and wanton or
reckless disregard of a foreseeable risk of harm to third persons.
Nothing in this section shall be construed to prevent the personal
representative of a deceased patient from maintaining a wrongful
death action on behalf of such patient pursuant to article seven of
this chapter or to prevent a derivative claim for loss of
consortium arising from injury or death to the patient arising from
the negligence of a health care provider within the meaning of this