65-442. Limited liability for medical care facilities and certain duly appointed officials thereof; good faith requirement.

65-442

Chapter 65.--PUBLIC HEALTH
Article 4.--HOSPITALS AND OTHER FACILITIES

      65-442.   Limited liability for medical care facilities and certainduly appointed officials thereof; good faith requirement.(a) There shall be no liability on the part of, and no action fordamages shall arise against, any duly appointed member of the governingboard or the duly appointed member of a committee of the medical staff of alicensed medical care facility for any act, statement or proceedingundertaken or performed within the scope of the functions and withinthe course of the performance of the duties of such committeeof the medical staff if such member acted in good faith and withoutmalice, and the medical staff operatespursuant to written bylaws that have been approved by the governing boardof the medical care facility.

      (b)   There shall be no liability on the part of and no action for damagesshall arise against any licensed medical care facility because of the renderingof or failure to render professional services within such medical care facilityby a person licensed to practice medicine and surgery if such person isnot an employee or agent of such medical care facility.

      History:   L. 1967, ch. 344, § 1; L. 1971, ch. 205, § 1; L. 1973,ch. 248, § 12; L. 1976, ch. 267, § 1; July 1.