Overcoming Barriers to Physician Volunteerism: Summary of State Law Providing Reduced Malpractice Liability Exposure for Clinician Volunteers
Paul A. Hattis | 2004 U. Ill. L. Rev. 1033
Noting that the risk of malpractice liability poses a significant bar-rier to the provision of volunteer health care in this country, the author analyzes current state and federal legislative approaches designed to overcome the hurdle, including a changed standard of care for malprac-tice liability from simple negligence to gross negligence, governmental indemnification of volunteer providers, and state sponsored malpractice insurance. The author challenges legislators to enhance existing legisla-tion by combining the best aspects of the varied approaches in an effort to increase delivery of medical services to those in need, while at the same time ensuring the protection of uninsured patients from malpractice.
Editor’s Note: Dr. Hattis’s article originally appeared in Volume 2004, Issue 1. Unfortunately, when it was first published, the appendix was not included. In order to rectify this oversight, the article, along with the appendix, are being published in this issue in their entirety. The University of Illinois Law Review apologizes to Dr. Hattis and its readers for this oversight.