HOUSE BILL REPORT

HB 1850

BYRepresentatives Wolfe, Prentice, D. Sommers, Day, Braddock, Brooks, Chandler, Padden, Jones, Patrick, Walker, Sprenkle, Moyer, Nealey, Wood, Horn, Fuhrman, Holland, Morris, Brough, Miller, Bowman, Schoon, Brekke, Tate and Silver

Providing immunity from civil liability for volunteer physicians.

House Committe on Judiciary

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (10)

      Signed by Representatives Crane, Vice Chair; Padden, Ranking Republican Member; Brough, Hargrove, Moyer, Patrick, Schmidt, Scott, D. Sommers and Tate.

Minority Report:  Do not pass.  (7)

      Signed by Representatives Appelwick, Chair; Belcher, Dellwo, Inslee, Locke, R. Meyers and Wineberry.

House Staff:Pat Shelledy (786-7149)

AS REPORTED BY COMMITTEE ON JUDICIARY MARCH 1, 1989

BACKGROUND:

Retired licensed physicians may be interested in volunteering medical care to poor people but cannot do so unless they maintain medical malpractice insurance or subject themselves to liability for malpractice.  Current law does not provide an exception to liability for volunteer services to the indigent.

SUMMARY:

SUBSTITUTE BILL:  Any retired licensed physician who volunteers medical services at an outpatient medical clinic is not liable for civil damages resulting from noninvasive medical procedures unless the physician acts with gross negligence or willful or wanton misconduct.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  Limitation of liability extends only to noninvasive medical procedures rather than all medical care.

House Committee ‑ Testified For:    Cliff Webster, Washington State Medical Association.

House Committee - Testified Against:      Mary Ann Ottinger, WSTLA.

House Committee - Testimony For:    Poor people will obtain medical services that they otherwise cannot obtain due to the high cost of insurance.

House Committee - Testimony Against:      Poor people are entitled to the same protection from negligent medical care as wealthy people.