Nothing in this article shall be deemed to protect a provider from liability for the provider's own negligence in the performance of the provider's duties or in carrying out any instructions of the medical power of attorney representative or surrogate. Nothing in this article shall be deemed to alter the law of negligence as it applies to the acts of any medical power of attorney representative or surrogate or provider, and nothing herein shall be interpreted as establishing a standard of care for health care providers for purposes of the law of negligence.
Structure West Virginia Code
Article 30. West Virginia Health Care Decisions Act
§16-30-2. Legislative Findings and Purpose
§16-30-5. Applicability and Resolving Actual Conflict Between Advance Directives
§16-30-7. Determination of Incapacity
§16-30-8. Selection of a Surrogate
§16-30-12. Conscience Objections
§16-30-13. Interinstitutional Transfers
§16-30-15. Withholding of Life Support Not Assisted Suicide or Murder
§16-30-16. Preservation of Existing Rights and Relation to Existing Law; No Presumption
§16-30-17. No Abrogation of Common Law Doctrine of Medical Necessity