Arkansas Makes Charitable Entities Immune from Suit

0
6K

Arkansas Makes Charitable Entities Immune from Suit


Read the full article at https://www.linkedin.com/pulse/charitable-immunity-defeats-malpractice-suit-barry-zalma-esq-cfe and at https://zalma.com/blog plus more than 3700 posts.


After being sued for medical malpractice a hospital and its doctors and nurses moved for summary judgment asserting charitable immunity. In St. Bernard’s Community Hospital v. Terry Cheney, No. CV-19-324, 2021 Ark. App. 236, Arkansas Court Of Appeals Divisions III And IV (May 12, 2021) the Court of Appeal was asked to enforce the immunity and dismiss the lawsuit.


ZALMA OPINION


Charity is important and charitable organizations like the hospital defendants need protection from litigation that would reduce the funds available to provide charitable services. In Arkansas the state has established a charitable immunity to protects the charities from litigation. As a result, even if the hospital was negligent and caused the death of Sandra Cheney her heirs have no right to sue the charitable institution for damages. Whether this is a universal good is open to conflicting opinions but the immunity makes it possible for a hospital to go on providing charitable medical care without expensive malpractice insurance.

Sponsored

We are 100% funded for October.

Thanks to everyone who helped out. 🥰

Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month

Xephula Funding Meter

Please Donate Here

Search
Categories
Read More
Other
Insurance of an Additional Insured Makes Policy Primary
Risk Transferred from Owner to Tenant's Insurer Read the full article at...
By Barry Zalma 2022-02-10 13:11:40 0 4K
Other
Tenth Circuit Makes an Insurance Appraisal a full Arbitration
Historical Reason for Appraisal Eliminated by Tenth Circuit Read the full article at...
By Barry Zalma 2021-10-11 12:39:10 0 4K
Other
True Crime: Too Stupid to Succeed
True Crime Stories of Insurance Fraud Number 20 Read the full article at...
By Barry Zalma 2022-02-18 14:36:01 0 4K
Politics
Is Biden Commander In Chief ? Evidence SAYS NO!!
75 Million people watched in disbelief as Joe Biden and Kamala Harris were inaugurated on Janaury...
By Wym Creator 2021-02-05 04:10:01 6 7K