§ 43-17-40 — Limitation of liability - Legislative intent

No physician, surgeon, hospital, blood bank, tissue bank, or other person or entity who
donates, obtains, prepares, transplants, injects, transfuses, or otherwise transfers, or who
assists or participates in obtaining, preparing, transplanting, injecting, transfusing, or transferring
any tissue, organ, blood, or component thereof from one or more human beings, living or dead,
to another human being, may be liable as the result of any such activity, save and except that
each such person or entity remains liable for the person's or entity's own negligence or willful
misconduct only.
The availability of scientific knowledge, skills, and materials for the transplantation, injection,
transfusion, or transfer of human tissue, organs, blood, and components thereof is important to
the health and welfare of the people of this state. The imposition of legal liability without fault
upon the persons and organizations engaged in such scientific procedures inhibits the exercise
of sound medical judgment and restricts the availability of important scientific knowledge, skills,
and materials. It is therefore the public policy of this state to promote the health and welfare of

the people by limiting the legal liability arising out of such scientific procedures to instances of
negligence or willful misconduct.