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Emergency Law Inventory | Full Law Text

Law Number

W. Va. Code 55-7-23

Summary Title

Liability: Prescription Drug Administration by Health Care Provider

Summary

A health care provider who prescribes or uses a drug in accordance with FDA guidelines will not be held legally responsible for acting or for failing to act while prescribing or using the drug. They can be held legally responsible if acting with intent to cause harm, if they knew the drug is unsafe, or if they ignore a public announcement by the drug manufacturer regarding a change in the way the drug is to be administered.

Full Title

Prescription drugs and medical devices; limiting health care providers' liability exposure

Full Text

(a) No health care provider, as defined in section two [§ 55-7B-2], 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 or used 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: Provided, That the provisions of this section shall not apply if: (1) the health care provider had actual knowledge that the drug or device was inherently unsafe for the purpose for which it was prescribed or used or (2) a manufacturer of such drug or device publicly announces changes in the dosage or administration of such drug or changes in contraindications against taking the drug or using the device and the health care provider fails to follow such publicly announced changes and such failure proximately caused or contributed to the plaintiff's injuries or damages.