{ "media_type": "text", "post_content": "In a medical malpractice action, where a Charitable Immunity cap on liability applies to individual defendants as well as the defendant hospital, does the cap apply to each or globally as to the case? (Here, charitable cap for med mal is $100,000, is that for each defendant or total amount for case?)\n", "post_id": "616741bf474827003477a86b", "reply_count": 7, "vote_count": 1, "bowl_id": "552d1d24dc1c586b09d2d052", "bowl_name": "Law" }

In a medical malpractice action, where a Charitable Immunity cap on liability applies to individual defendants as well as the defendant hospital, does the cap apply to each or globally as to the case? (Here, charitable cap for med mal is $100,000, is that for each defendant or total amount for case?)

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I didn’t realize any states still had this cap. I would need to see the language of the statute/caselaw to really answer.

Massachusetts still does. MGL 233 s 85K: Section 85K. It shall not constitute a defense to any cause of action based on tort brought against a corporation, trustees of a trust, or members of an association that said corporation, trust, or association is or at the time the cause of action arose was a charity; provided, that if the tort was committed in the course of any activity carried on to accomplish directly the charitable purposes of such corporation, trust, or association, liability in any such cause of action shall not exceed the sum of twenty thousand dollars exclusive of interest and costs; and provided further, that in the context of medical malpractice claims against a nonprofit organization providing health care, such cause of action shall not exceed the sum of $100,000, exclusive of interest and costs. Notwithstanding any other provision of this section, the liability of charitable corporations, the trustees of charitable trusts, and the members of charitable associations shall not be subject to the limitations set forth in this section if the tort was committed in the course of activities primarily commercial in character even though carried on to obtain revenue to be used for charitable purposes.

I would think it only applies to the charitable corporation, similar to the FTCA. Unless the individual defendants are also employees of the corporation.

Thank you! Very helpful

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