State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_131E > GS_131E-47_1

Part 4.  Limited Liability.

§ 131E‑47.1.  Limited liability.

(a)        A person serving as a director, trustee, or officer of apublic hospital as defined in G.S. 159‑39, or as a commissioner, member,or officer of a hospital authority established under Part 1 or 2 of thisArticle, or as a director, trustee, or officer of North Carolina MemorialHospital, shall be immune individually from civil liability for monetarydamages, except to the extent covered by insurance, for any act or failure toact arising out of this service, except where the person:

(1)        Is compensated for his services beyond reimbursement forexpenses,

(2)        Was not acting within the scope of his official duties,

(3)        Was not acting in good faith,

(4)        Committed gross negligence or willful or wanton misconductthat resulted in the damage or injury,

(5)        Derived an improper personal financial benefit from thetransaction,

(6)        Incurred the liability from the operation of a motorvehicle, or

(7)        Is defendant in an action brought under G.S. 55A‑28.1or 55A‑28.2.

(b)        The immunity in subsection (a) is personal to the directors,trustees, officers, commissioners, and members, and does not immunize thehospital or hospital authority for liability for the acts or omissions of thedirectors, trustees, or officers. (1987 (Reg. Sess., 1988), c. 1057, s. 1; c. 1100, s. 39.2.)