South Carolina Statutes
§ 44-43-385 — Immunity.
South Carolina § 44-43-385
JurisdictionSouth Carolina
Title 44HEALTH
Ch. 43DISPOSITIONS OF HUMAN BODIES AND PARTS; POST-MORTEM EXAMINATIONS
This text of South Carolina § 44-43-385 (Immunity.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
S.C. Code Ann. § 44-43-385 (2026).
Text
(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 relatio
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Legislative History
HISTORY: 2009 Act No. 4, SECTION 2, eff May 6, 2009.
Nearby Sections
15
§ 44-43-1015
Death record reviews.§ 44-43-1310
Donate life South Carolina established; purpose.§ 44-43-1320
Administration; board of directors.§ 44-43-1330
Reimbursement of expenses of board numbers.§ 44-43-1360
Administration of article.§ 44-43-1370
Uses of resources.§ 44-43-1380
Annual report of board to General Assembly.§ 44-43-1410
Donor registry established; membership; terms.§ 44-43-1430
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Bluebook (online)
South Carolina § 44-43-385, Counsel Stack Legal Research, https://law.counselstack.com/statute/sc/43/44-43-385.