2016 South Carolina Code of Laws
Title 44 - Health
CHAPTER 43 - DISPOSITIONS OF HUMAN BODIES AND PARTS; POST-MORTEM EXAMINATIONS
Section 44-43-385. Immunity.
(A) A person that acts in good faith in accord with the terms of this article, or under the anatomical gift laws of another state, is not liable for damages in any civil action or subject to prosecution in any criminal proceeding for his act. However, immunity from civil liability does not extend to cases of provable malpractice on the part of a physician, surgeon, or technician.
(B) Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift.
(C) In determining whether an anatomical gift has been made, amended, or revoked under this article, a person may rely upon representations of an individual listed in Section 44-43-340 (A)(2), (3), (4), (5), (6), (7), or (8) relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.
HISTORY: 2009 Act No. 4, Section 2, eff May 6, 2009.
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