Delaware Code Title 24 Sec. 1191 – Immunity of officials reviewing dental records and dentists’ work; …
(a) The members of the State Board of Dentistry and Dental Hygiene of Delaware, dental ethics committee and dentists who are members of hospital and Delaware State Dental Society committees whose function is the review of dental records and of dentists’ work with a view to quality of care and utilization of hospital facilities, home visits and office visits shall severally not be subject to, and shall be immune from, claim, suit, liability, damages or any other recourse, civil or criminal, arising from any act or proceeding, decision or determination undertaken, performed or reached in good faith and without malice by any such member or members acting individually or jointly in carrying out the responsibilities, authority, duties, powers and privileges of the offices conferred by law upon them under this chapter, or any other state law, or duly adopted rules and regulations of the aforementioned committees and hospitals, good faith being presumed until proven otherwise, with malice required to be shown by a complainant.
Terms Used In Delaware Code Title 24 Sec. 1191
- Board: shall mean the State Board of Dentistry and Dental Hygiene established in this chapter. See Delaware Code Title 24 Sec. 1101
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: shall mean a corporation, company, association or partnership, as well as an individual. See Delaware Code Title 24 Sec. 1101
- Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
- State: shall mean the State of Delaware. See Delaware Code Title 24 Sec. 1101
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) The records and proceedings of any such committees or organizations as described in subsection (a) of this section shall be confidential records which shall not constitute public records or be available for general inspection by the public. All hearings on complaints shall be opened to the public only at the request of the respondent.
(c) No person who provides information to any such committees or organizations as described in subsection (a) of this section, or who testifies as a witness, shall be held liable in any cause of action arising out of the providing of such information or the giving of such testimony, provided that such person does so in good faith and without malice.
59 Del. Laws, c. 368, § ?1; 64 Del. Laws, c. 236, § ?1; 77 Del. Laws, c. 463, § ?3;