North Carolina General Statutes 90-21.108. Immunity from civil liability for acts or omissions
(a) Subject to subsection (b) of this section, a health care provider who engages in the voluntary provision of health care services at any location in this State in association with a sponsoring organization shall not be liable for damages for injuries or death alleged to have occurred by reason of an act or omission in the health care provider’s voluntary provision of health care services, unless it is established that the injuries or death were caused by gross negligence, wanton conduct, or intentional wrongdoing on the part of the health care provider.
(b) The immunity from civil liability provided by subsection (a) of this section does not apply if any of the following circumstances exist:
(1) The health care provider receives, directly or indirectly, any type of compensation, benefits, or other consideration of any nature from any person for the health care services provided.
Terms Used In North Carolina General Statutes 90-21.108
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) The health care services provided are not part of the health care provider’s training or assignment.
(3) The health care services provided are not within the scope of the health care provider’s license or authority.
(4) The health care services provided are not authorized by the appropriate authorities to be performed at the location. (2012-155, s. 1.)