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12 Cards in this Set

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What is the "Charitable Hospital Immunity Doctrine"
If hospital maintained for CHARITABLE purposes
-> negligent acts of its officers and employees are IMMUNE from liability.
Name 4 exceptions to the "Charitable Hospital Immunity Doctrine"
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
True or False:
A Dr who is "on staff" of charitable hospital, but is NOT an "employee" DOES have "Charitable Hospital Immunity" Defense
False.
The defense only applies to the hospital's "officers and employees"
What is the "Voluntary Health Care Provider" immunity defense?
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
HYPO:
1) Charitable hospital employee is negligent
2) Patient paid no money
3) hospital got payment from Medicaid for patient
--> Is Hospital still Immune?
No.
Medicaid payments = remuneration
--> Removes immunity
What is the "Good Samaritan Doctrine" for immunity?
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
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?
Silly rabbit. Trix are for Kids!
Immunity is for REAL samaritans.
True or False:
A hospital authority owned by the gov't has "Sovereign Immunity"
False.
It's a business corporation that can buy insurance & pay judgments without affecting State Treasury.
True or False:
Because a state owned Hospital Authority has no "sovereign immunity", it can be required to pay Punitive Damages?
False.
No punitives for state hospital authority.
Even if there is insurance to cover it !!
True or False:
A State-Employed Dr. is immune from suit under the Tort Claims Act for a "private pay" patient.
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".
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
?
Sec. 1983 claim: Violation of inmate's 8th Amendment right against "cruel and unusual punishments".
The delay = "deliberate indifference" to inmate's suffering.
What if personnel & nurses at Ga. Youth Detention Center
- delays treatment
- delay in calling 911
- while inmate child is ill
?
Claim barred by "Sovereign Immunity"
(Decisions were "discretionary" )