MacArthur v. Univ. of Virginia Health Services Found.

CHARITABLE IMMUNITY/MALPRACTICE

MacArthur v. Univ.
of Virginia Health Services Found., No. CL04-154 (Vir. Cir. Ct. Dec. 8, 2006)

The
Circuit Court of Virginia held that the foundation that employed physicians
who provided services at a university-affiliated hospital was entitled to charitable
immunity in a malpractice lawsuit brought by a patient. The court noted that
the foundation’s articles of incorporation clearly stated a charitable
purpose and contained a not-for-profit limitation. In reaching its decision,
the court also applied a ten-factor test that examined, for example, the foundation’s
purpose, which was to break even, rather than earn a profit, the foundation’s
tax-exempt status, and the fact that the foundation rendered medical care regardless
of a patient’s ability to pay.