Rhode Island General Laws 40.1-5-41. Immunity of physicians and surgeons from liability
Nothing contained herein shall be deemed to contravene the provisions of § 5-37-14, and no physician or surgeon licensed to practice in this state, having met the requirements either of the statute or of this chapter, shall be made to answer in any court for his or her participation in any proceeding under this chapter except upon a showing of actual fraud; provided further, that no physician or surgeon shall be made to answer in any court for any damage or injury to any person or thing arising out of a patient‘s enjoyment and/or exercise of rights protected by this chapter including, without limitation, discharge, where the enjoyment and/or exercise of the rights, or any of them, are in contravention of either the written orders or prescription or advice of a physician or surgeon.
History of Section.
P.L. 1974, ch. 119, § 1; P.L. 1983, ch. 30, § 1.
Terms Used In Rhode Island General Laws 40.1-5-41
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Fraud: Intentional deception resulting in injury to another.
- Patient: means a person admitted voluntarily, certified or re-certified admitted to a facility according to the provisions of this chapter. See Rhode Island General Laws 40.1-5-2
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Physician: means a person licensed by the Rhode Island department of health to practice medicine pursuant to chapter 37 of Title 5. See Rhode Island General Laws 40.1-5-2
- Statute: A law passed by a legislature.