§ 8135. Limitation from civil liability for certain volunteers.
412 words·~2 min read·
/de/title-10/chapter-81-personal-actions/8135A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)For purposes of this section, the following terms shall have the meanings ascribed herein:
(1)“Activity” is any decision, act or event relating to medical or dental treatment of a person undertaken by the medical or dental clinic in furtherance of the person’s medical or dental treatment.
(2)“Compensation” is any remuneration, whether by way of salary, fee or otherwise, for services rendered, exclusive of any gift perquisite in form of access to services of the medical or dental clinic at no or a reduced cost or reimbursement for costs actually incurred or the providing of lunch or other meals.
(3)“Employee” is any person who receives compensation from the medical or dental clinic for services rendered in connection with an activity of the medical or dental clinic.
(4)“Medical or dental clinic” is any facility other than a hospital or doctor’s or dentist’s office which offers medical or dental services, which is run by a nonprofit entity under § 501(c)(3) of the Internal Revenue Code [26 U.S.C. § 501(c)(3)], and which is staffed entirely or in part by licensed physicians or nurses or licensed dentists or dental hygienists who serve without compensation.
(5)“Volunteer” is any licensed physician or nurse or licensed dentist or dental hygienist engaged in an activity for a medical or dental clinic without compensation.
(b)No volunteer or the medical or dental clinic with which the volunteer is affiliated shall be subject to suit directly, derivatively or by way of contribution or indemnification for any civil damages under the laws of Delaware resulting from any negligent act or omission performed during or in connection with an activity of the volunteer while serving the medical or dental clinic, unless said volunteer has insurance coverage for such acts or omissions in which case the amount recovered shall not exceed the limits of such applicable insurance coverage.
(c)Notwithstanding those provisions of subsection
(b)of this section, a plaintiff may sue and recover civil damages from a volunteer based upon a negligent act or omission involving the operation of a motor vehicle during an activity; provided, that the amount recovered from such volunteer shall not exceed the limits of applicable insurance coverage maintained by or on behalf of such volunteer with respect to the negligent operation of a motor vehicle in such circumstances.
(d)The immunity granted in subsection
(b)of this section shall not extend to any act or omission constituting wilful and wanton or grossly negligent conduct.