VA foundations get no immunity
VA foundations get no immunity
The Virginia Supreme Court in Richmond has ruled that a physician foundation tied to the University of Virginia Medical School in Richmond and its doctors are not immune from malpractice suits because of the foundation's charitable work.
The Richmond Times-Dispatch newspaper reports that the ruling affects more than 1,000 doctors across Virginia who are members of similar foundations linked to state teaching hospitals.1 The court's decision allows three malpractice suits against the University of Virginia Health Services Foundation and its doctors to move forward. The foundation had argued that it was immune to malpractice lawsuits under state law that protects caregivers doing charitable work.
The suits include one brought by Will and Lisa Searcy of Albemarle County on behalf of their 4-year-old daughter, Cara Leigh. The Searcys said she died during a kidney operation because doctors failed to determine the results of a blood sample that showed she had dangerously high levels of potassium.
Charitable work represented less than 1% of the foundation's $225 million in annual income in 2005, the court found. The University of Virginia Foundation operates "more like a for-profit business" than a charitable organization, the court's opinion said.
Reference
1. Court: Doctors don't have immunity. Richmond Times-Dispatch, Feb. 29, 2008. Accessed at www.inrich.com/cva/ric/search.apx.-content-articles-RTD-2008-02-29-0225.html.
The Virginia Supreme Court in Richmond has ruled that a physician foundation tied to the University of Virginia Medical School in Richmond and its doctors are not immune from malpractice suits because of the foundation's charitable work.Subscribe Now for Access
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