Malpractice Immunity for the Physician: Unconstitutional, Unfair and Unnecessary Legislation

Authors

Edward G. O'Connor

Abstract

In August of 1963, the Pennsylvania General Assembly enacted a law which purports to abolish a right of action for the negligence of a physician. The act exempts physicians from civil liability for malpractice arising from negligent treatment or care rendered at the scene of an accident or emergency. Gross negligence and acts or omissions intentionally designed to harm are specifically excluded from this otherwise blanket immunity. There is no liability for negligence. Prior to this enactment, the physician would have been treated the same as any other "Good Samaritan." This law purports to accord him an immunity which this author believes to be unconstitutional, unfair and unnecessary.

First Page

83

Recommended Citation

Edward G. O'Connor, Malpractice Immunity for the Physician: Unconstitutional, Unfair and Unnecessary Legislation, 3 Duq. L. Rev. 83 (1964).
Available at: https://dsc.duq.edu/dlr/vol3/iss1/9