Section 36-4-25 - Immunity from liability for acts of members of professional committees or hospitalofficials. - South-dakota Statutes

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Statutes > South-dakota > Title-36 > Chapter-04 > Statute-36-4-25

36-4-25. Immunity from liability for acts of members of professional committees or hospital officials. There is no monetary liability on the part of, and no cause of action for damages may arise against, any member of a duly appointed peer review committee engaging in peer review activity comprised of physicians licensed to practice medicine or osteopathy under this chapter, or against any duly appointed consultant to a peer review committee or to the medical staff or the governing board of a licensed health care facility for any act or proceeding undertaken or performed within the scope of the functions of the committee, if the committee member or consultant acts without malice, has made a reasonable effort to obtain the facts of the matter under consideration, and acts in reasonable belief that the action taken is warranted by those facts. The provisions of this section do not affect the official immunity of an officer or employee of a public corporation.

Source: SL 1966, ch 151; SL 1975, ch 231; SL 1985, ch 297, § 22; SL 1998, ch 172, § 3.

State Codes and Statutes

Statutes > South-dakota > Title-36 > Chapter-04 > Statute-36-4-25

36-4-25. Immunity from liability for acts of members of professional committees or hospital officials. There is no monetary liability on the part of, and no cause of action for damages may arise against, any member of a duly appointed peer review committee engaging in peer review activity comprised of physicians licensed to practice medicine or osteopathy under this chapter, or against any duly appointed consultant to a peer review committee or to the medical staff or the governing board of a licensed health care facility for any act or proceeding undertaken or performed within the scope of the functions of the committee, if the committee member or consultant acts without malice, has made a reasonable effort to obtain the facts of the matter under consideration, and acts in reasonable belief that the action taken is warranted by those facts. The provisions of this section do not affect the official immunity of an officer or employee of a public corporation.

Source: SL 1966, ch 151; SL 1975, ch 231; SL 1985, ch 297, § 22; SL 1998, ch 172, § 3.

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State Codes and Statutes

Statutes > South-dakota > Title-36 > Chapter-04 > Statute-36-4-25

36-4-25. Immunity from liability for acts of members of professional committees or hospital officials. There is no monetary liability on the part of, and no cause of action for damages may arise against, any member of a duly appointed peer review committee engaging in peer review activity comprised of physicians licensed to practice medicine or osteopathy under this chapter, or against any duly appointed consultant to a peer review committee or to the medical staff or the governing board of a licensed health care facility for any act or proceeding undertaken or performed within the scope of the functions of the committee, if the committee member or consultant acts without malice, has made a reasonable effort to obtain the facts of the matter under consideration, and acts in reasonable belief that the action taken is warranted by those facts. The provisions of this section do not affect the official immunity of an officer or employee of a public corporation.

Source: SL 1966, ch 151; SL 1975, ch 231; SL 1985, ch 297, § 22; SL 1998, ch 172, § 3.