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Emergency Law Inventory | Full Law Text

Law Number

W. Va. Code 16-4C-17

Summary Title

Liability: Failure to Obtain Consent

Summary

Emergency service personnel providing care to an individual who is unable to consent will not be held legally responsible solely on the basis of failing to obtain consent.

Full Title

Limitation of liability for failure to obtain consent

Full Text

No emergency medical service personnel may be subject to civil liability, based solely upon failure to obtain consent in rendering emergency medical services to any individual regardless of age where the patient is unable to give his or her consent for any reason, including minority, and where there is no other person reasonably available who is legally authorized to consent to the providing of such care or who is legally authorized to refuse to consent to the providing of such care. Nothing in this article may be construed to require medical treatment or transportation for any adult in contravention of his or her stated objection thereto upon religious grounds or pursuant to any living will or do not resuscitate orders: Provided, That the emergency medical service provider is actually aware of the living will or do not resuscitate order.