Statutory immunities protect providers in defined contexts including emergency care, volunteer services, disaster response, and public health emergencies. Protection typically excludes gross negligence and willful misconduct.
Public employee providers may also have governmental immunity.
Alternative Names:
Provider Immunity, Healthcare Provider Immunity
Why it Matters?
Emergency department immunities exist in several states applying a gross negligence standard rather than ordinary negligence for care rendered in emergency circumstances, which raises the plaintiff's burden substantially. Identifying whether the treatment occurred under conditions triggering the statute is an early screening question. Disaster and public health emergency immunities have expanded and their scope in specific situations is frequently litigated.
Frequently Confused with
Related terms
Frequently asked questions
What standard applies under emergency care immunities?
What is the screening question?
