AGO 89-83.
Case Date | August 21, 1989 |
Court | South Carolina |
Chief Deputy Attorney GeneralYou have asked the opinion of this Office upon the application of Section 33-55-210, South Carolina Code of Laws, 1976 (1988 Cum. Supp.), to physicians providing medical services in certain factual situations. This Office has previously concluded that Section 33-55-210 (as last amended by Act 674 of 1988) provides a qualified immunity "when a physician 'renders medical services voluntarily and without compensation, expectation or promise thereof . . . [and] [t]he agreement to provide voluntary non-compensated services [is] made before the rendering of the service by the [physician].'" Each of the scenarios presented by you involve the provision of physical evaluations for high school athletes.
1. Athletes are done in a screening physical fashion by multiple physicians at a regional hospital. No fee is charged. The physicians donate their time.Assuming the physician did not receive any compensation nor had any promise or expectation of compensation for the rendering of the physical, and assuming that the physician entered into an agreement to provide this voluntary...
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