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Florida Statute Section 766.1115, "Access
to Health Care Act" intent is to provide governmental
protection to health-care providers who offer volunteer
uncompensated
medical services to the underserved in populations in the
State.
The Department of Health has
entered into a governmental contract with Shepherd's
Hope, Inc. and this law makes the
corporation and each individual health-care provider "agents
of the state" for the purposes of medical services provided.
As such, the provider shall not be held personally liable
or named as a defendant in any lawsuit for any injury or damage
suffered as the result of any act or omission while performing
medical services within the scope of duties pursuant to the
contract, unless the agent acted in bad faith or with malicious
purpose or in a manner exhibiting wanton and willful disregard
of human rights, safety or property.
If a patient of a volunteer
health-care provider files a lawsuit under the contract,
the patient may only file the
lawsuit against the State, not the individual provider. In
any such suit, the Department of Insurance will hire
and pay
for the lawyer to defend the lawsuit. If the court should
decide that the patient suffered damages as a result
of an
act of the provider while performing services under the contract,
that patient may be awarded damages up to $100,000 which
would
be paid by the State.
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