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Emergency Law Inventory | Full Law Text

Law Number

OCGA 38-3-170

Summary Title

Liability: Volunteer Health Practitioner

Summary

A volunteer health practitioner who is registered with a registration system and provides health or veterinary services will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness, intent to cause harm, or they breach a contract. This section does not apply when a volunteer health practitioner is operating a motor vehicle, vessel, or aircraft.

Full Title

Liability of volunteer health practitioners

Full Text

(a)  Except as provided in subsection (c) of this Code section, a volunteer health practitioner who provides health services or veterinary services pursuant to this article shall not be liable for damages for his or her act or omission in providing such health services or veterinary services. (b)  No person shall be vicariously liable for damages for an act or omission of a volunteer health practitioner if such volunteer practitioner is not liable for the damages under subsection (a) of this Code section. (c)  This Code section shall not limit the liability of a volunteer health practitioner for: (1)  Willful misconduct or wanton, grossly negligent, reckless, or criminal conduct; (2)  An intentional tort; (3)  Breach of contract; (4)  A claim asserted by a host entity or by an entity located in this or another state which employs or uses the services of the volunteer health practitioner; or (5)  An act or omission relating to the operation of a motor vehicle, vessel, aircraft, or other vehicle. (d)  A person that, pursuant to this article, operates, uses, or relies upon information provided by a volunteer health practitioner registration system shall not be liable for damages for an act or omission relating to that operation, use, or reliance unless such act or omission is an intentional tort or is willful misconduct or wanton, grossly negligent, reckless, or criminal conduct. (e)  In addition to the protections provided in subsection (a) of this Code section, a volunteer health practitioner who provides health services or veterinary services pursuant to this article shall be entitled to all the rights, privileges, or immunities which may otherwise be provided by law.