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Should physicians who commit medical malpractice be protected by charitable immunity?

The Virginia Supreme Court took up arguments last Wednesday on this critical question. The cases stem from medical malpractice lawsuits filed against physicians at the University of Virginia Medical Center. The physicians are employed by the University of Virginia Health Services Foundation (HSF). According to court records, HSF had approximately $215 million in revenue in 2005, yet less than 1% of losses were attributed to charitable care. One physician earned approximately $850,000 in bonuses in 2005. I attended the arguments at the Virginia Supreme Court because the issue is critical to thousands of patients in Virginia. Should HSF prevail, many victims of medical malpractice in Virginia will be denied any form of civil justice. The bar of charitable immunity would apply regardless of whether the patient paid for services or received free care. In other words, a paying patient at UVA who suffers permanent injury due to medical malpractice would not be able to file a lawsuit against the physician. Likewise physicians at Eastern Virginia Medical Center or VCU Medical Center would be protected for responsibility by charitable immunity. My sense was that the justices of the Virginia Supreme Court were very well-prepared for the arguments and asked appropriately probing questions of HSF's attorney. I anticipate a decision in late February. Please return to our medical malpractice blog for further updates. Regards, Josh Silverman