Section 18. (a) A person who acts in accordance with this chapter or with the applicable anatomical gift law of another state or who attempts in good faith to do so, shall not be liable for the act in a civil action, criminal prosecution or administrative proceeding. Following a donor‘s designation in a donor registry, a signed statement by a donor in an advanced directive or donor card shall be prima facie evidence of good faith.

Terms Used In Massachusetts General Laws ch. 113A sec. 18

  • Donor: The person who makes a gift.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.

(b) Neither the person making an anatomical gift nor the donor’s estate shall be 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 chapter, a person may rely upon representations of an individual listed in subsection (a) of section 9 relating to the individual’s relationship to the donor or prospective donor unless the person knows that the representation is false.

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