Louisiana Children’s Code 1562 – Immunity
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Terms Used In Louisiana Children's Code 1562
- Child: means a person under eighteen years of age who has not been judicially emancipated under Civil Code Article 385 or emancipated by marriage under Civil Code Articles 379 through 384. See Louisiana Children's Code 1552
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
No hospital, physician, or other person authorized by law to provide medical or surgical care shall be held liable for providing such care for a terminally ill child protected by this Chapter when both:
(1) In the opinion of the hospital, physician, or other person authorized by law to provide medical or surgical care, exercising competent medical judgment, the child’s life would be threatened by delaying the provision of medical care or treatment.
(2) The child’s parent or guardian has wrongfully refused to consent to such medical care or treatment.
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.