Arkansas Makes Charitable Entities Immune from Suit

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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.