Va. Court to Rule on Malpractice Immunity for Charitable Care

January 15, 2008

  • January 15, 2008 at 9:26 am
    wudchuck says:
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    question would be did the care provided to the individual that was hurt – was it a charitable act? was there any profit gained by that action? as i read the article, malpractice should be approved. it’s been written that they are going after litigants whom failed to make a payment. so then it becomes a non-charitable action. now, if was like operation smile – this is definately a non-profit operation, this would definately be a proper organization that would be one i would think is exempt.

  • January 15, 2008 at 2:08 am
    swymmer says:
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    I think the true charitable clinics that actually treat the uninsured poor for no fee, or perhaps a subsidized sliding fee should enjoy some relief from malpractice suits. I know of several semi-retired docs that work these clinics locally, one an OB-Gyn that had to stop because the pay was too low to even cover the malpractice insurance premium. He mostly saw the high-risk maternity patients that had no prenatal care.

    But the “teaching Hospitals” are huge cash flow businesses. They should not be exempt if they err. Just my opinion.

  • January 15, 2008 at 2:19 am
    SouthernBelle says:
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    I agree, if they are filing their own litigation against patients they definitely should not be exempt. One percent charitable cases! With profits and bonuses they can afford to pay for malpractice insurance. Besides, it is not as easy as they make it sound to even make it to court with a malpractice suit.
    My husband had a hernia repair, that cost him his right testicle (guys uncross your legs). He’s okay but we were told before we even considered it, there was no basis for a law suit. We have lawyer friends who said that even though this happened before with the same surgeon, a lawsuit would not make it to court. One case can’t be brought up for another, and there was no “negligible loss”. This surgeon has caused the deaths of 3 people that I know of as well. One was the inner stitching of a stomach stapling ruptured. The other two was due to equipment being left inside them.
    But I digress. Bottom line–you dun patients it’s not charity!



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