U.S. Jurisdictions
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19 V.I.C. 210(a), (b)
Liability: Relying on Consent
A health care provider who, in good faith, relies on the consent given by an individual to provide health care to another person, will not be held legally responsible or be professionally disciplined for providing care in reliance on the individual’s apparent authority to consent. A health care provider will also not be held legally responsible for failing to provide health care when they believe, in good faith, that the individual giving the apparent consent is legally unable to consent.
Limitations of liability
(a) A health care provider acting or declining to act in reliance on the consent or refusal of consent of an individual who he believes in good faith is authorized by this chapter or other law of this Territory to consent to health care is not subject to criminal prosecution, civil liability, or professional disciplinary action on the ground that the individual who consented or refused to consent lacked authority or capacity. (b) A health care provider who believes in good faith that an individual is incapable of consenting under section 204 of this title is not subject to criminal prosecution, civil liability, or professional disciplinary action for failing to follow that individual's direction.