31-52-27. Limitation on liability; construction of article.

This article shall not be construed to create a private cause of action against a manufacturer, eligible facility, or any other person or entity involved in the care of an eligible patient using any individualized investigational treatment for any harm done to such patient resulting from the individualized investigational treatment if such manufacturer, facility, person, or entity complied in good faith with the terms of this article and exercised reasonable care.#

This article shall not be construed to create a private cause of action against a physician who refuses to recommend an individualized investigational treatment for any otherwise eligible patient.#

Any person or entity involved in the care of an eligible patient using an individualized investigational treatment shall not be liable for injury or death to such patient as a result of such treatment under Code Section 51-1-27 or Chapter 4 of Title 51, unless it is shown that the person or entity failed to obtain written informed consent in compliance with Code Section 31-52-22.#

This article shall not be construed to affect any required healthcare coverage under Title 33 for patients in clinical trials.#

If an eligible patient’s death is proximately caused by an individualized investigational treatment, such patient’s estate, heirs, or devisees are not liable for any debt remaining after payment by insurance for charges directly incurred for such treatment; provided, however, that this subsection does not provide an exemption to liability for charges for nonexperimental treatments provided to the patient, including nonexperimental treatments rendered to the patient due to complications or consequences of the individualized investigational treatment.#