Med Mal - Immunity

Front 1

What is the "Charitable Hospital Immunity Doctrine"

Back 1

If hospital maintained for CHARITABLE purposes
-> negligent acts of its officers and employees are IMMUNE from liability.

Front 2

Name 4 exceptions to the "Charitable Hospital Immunity Doctrine"

Back 2

1) hospital must exercise ORDINARY CARE in selection/retention of officers/employees
2) hospital must furnish ADEQUATE STAFF
3) hospital is liable to FULLY PAYING patient
4) hospital is liable up to its LIABILITY INSURANCE coverage

Front 3

True or False:
A Dr who is "on staff" of charitable hospital, but is NOT an "employee" DOES have "Charitable Hospital Immunity" Defense

Back 3

False.
The defense only applies to the hospital's "officers and employees"

Front 4

What is the "Voluntary Health Care Provider" immunity defense?

Back 4

1) health care provider
2) professional services to:
- hospital
- public school
- non-profit org
- the State
3) voluntarily
4) w/o expect or receive $
--> Not Liable
UNLESS
GROSS NEGLIGENCE or
WILLFUL/WANTON misconduct

Front 5

HYPO:
1) Charitable hospital employee is negligent
2) Patient paid no money
3) hospital got payment from Medicaid for patient
--> Is Hospital still Immune?

Back 5

No.
Medicaid payments = remuneration
--> Removes immunity

Front 6

What is the "Good Samaritan Doctrine" for immunity?

Back 6

1) Any Person
2) in Good Faith
3) renders "emergency care"
4) at the scene of accident/emergency (or beyond)
5) without making any $ charge
--> Person is IMMUNE

Front 7

If person has a DUTY to render care (e.g. pre-existing Dr./patient relationship), but in his mind chooses not to make $ charge, is Dr. then a "good samaritan?

Back 7

Silly rabbit. Trix are for Kids!
Immunity is for REAL samaritans.

Front 8

True or False:
A hospital authority owned by the gov't has "Sovereign Immunity"

Back 8

False.
It's a business corporation that can buy insurance & pay judgments without affecting State Treasury.

Front 9

True or False:
Because a state owned Hospital Authority has no "sovereign immunity", it can be required to pay Punitive Damages?

Back 9

False.
No punitives for state hospital authority.
Even if there is insurance to cover it !!

Front 10

True or False:
A State-Employed Dr. is immune from suit under the Tort Claims Act for a "private pay" patient.

Back 10

False.
A Dr's duty to the patient re Diagnosis/Treatment derive from "medical judgment".
This duty is separate from a Dr's "official duties".

Front 11

What claim can an inmate bring against a Dr who
- delays treatment
- while inmate is seriously ill
- because Dr. doesn't know what is wrong with inmate
?

Back 11

Sec. 1983 claim: Violation of inmate's 8th Amendment right against "cruel and unusual punishments".
The delay = "deliberate indifference" to inmate's suffering.

Front 12

What if personnel & nurses at Ga. Youth Detention Center
- delays treatment
- delay in calling 911
- while inmate child is ill
?

Back 12

Claim barred by "Sovereign Immunity"
(Decisions were "discretionary" )