As Amended
SEC. 41-13-11. Immunity from suit for activities relating to operation of hospital; liability insurance; waiver of immunity.
(1) Except to the extent provided in subsection (2) of this section, and until October 1, 1993, each owner or board of trustees which establishes, maintains, constructs, operates, remodels, equips, furnishes, expands or contracts for the establishment, maintenance, construction, operation, remodeling, equipping, furnishing or expansion of any community hospital pursuant to the provisions of Section 41-13-15, shall not be liable for and shall be immune from suit at law or in equity on account of any wrongful or tortious act or omission by any such governmental entity or its employees relating to or in connection with any activity or operation of any such community hospital, notwithstanding that any such act or omission constitutes or may be considered as the exercise or failure to exercise any duty, obligation or function of a governmental, proprietary, discretionary or ministerial nature and notwithstanding that such act or omission may or may not arise out of any activity, transaction or service for which any fee, charge, cost or other consideration was received or expected to be received in exchange therefor.
(2) The board of trustees of any community hospital is hereby authorized, in its discretion, to obtain and pay for, out of operating funds of the hospital, liability insurance of such kinds as said board deems advisable covering the operation of said hospital, including trustees, employees and volunteers, and every department thereof, and all machinery, equipment, appliances and motor vehicles thereof or used in connection therewith so as to cover damages or injury to persons or property or both caused by the negligence of any member of said board of trustees or of any officer, agent, servant, attorney or employee or volunteer of such hospital while engaged in the performance of his duties or working in connection with the operation of said hospital. Such policies of insurance shall be procured from a company or companies authorized to do business and doing business in the State of Mississippi. Such insurance shall be for such amounts of coverage and shall cover such trustees, employees, volunteers, departments, installations, equipment, facilities and activities as the board of trustees, in its discretion, shall determine. The board of trustees may likewise indemnify, either by the purchase of insurance or directly, where funds are available, in whole or in part, any trustee, officer, agent, volunteer or employee of a community hospital for actual personal expenses incurred in the defense of any suit, or judgments resulting from said suit, brought against said trustee, officer, agent, volunteer or employee for alleged negligent or wrongful conduct committed while under the employment of or while providing service to said community hospital. No authority granted by this subsection and no act of the board of trustees of any community hospital or of any agent, representative or employee thereof shall be construed as a waiver of the immunity of such hospital or its board of trustees from suit for negligent, tortious or unauthorized acts of the said board of trustees, members of said board of trustees, agents, servants or employees or volunteers of such board of trustees or community hospital, and such immunity as presently exists is specifically retained and recognized. If liability insurance is in effect, however, suit may be maintained by anyone affected to the extent of such insurance available to satisfy any judgment rendered. However, immunity from suit is only waived to the extent of such liability insurance available to satisfy any judgment rendered, and a judgment creditor shall have recourse only to the proceeds or right to proceeds of such liability insurance. No attempt shall be made in the trial of any case to suggest the existence of any insurance which covers in whole or in part any judgment or award rendered in favor of a claimant, and if the verdict rendered by the jury exceeds the insurance available to satisfy any judgment rendered, the court, on motion, shall reduce the amount of said judgment to a sum equal to such available insurance.
(3) Subsections (1) and (2) of this section shall stand repealed from and after October 1, 1993.
(4) From and after October 1, 1993, the board of trustees of any community hospital is hereby authorized, in its discretion, to obtain and pay for, out of operating funds of the community hospital, liability insurance of such kinds as said board of trustees deems advisable covering the operation of said community hospital, including trustees, employees and volunteers, and every department thereof, and all machinery, equipment, appliances and motor vehicles thereof or used in connection therewith so as to cover damages or injury to persons or property or both caused by the negligence of any member of said board of trustees or of any officer, director, agent, servant, attorney, employee or volunteer of such hospital while engaged in the performance of his duties or working in connection with the operation of said community hospital. Such insurance shall either be procured from a company or companies authorized to do business and doing business in the State of Mississippi or provided through a program of self insurance established pursuant to the provisions of Section 11-46-17, Mississippi Code of 1972. Such insurance shall be for such amounts of coverage and shall cover such trustees, employees, volunteers, departments, installations, equipment, facilities and activities as the board of trustees, in its discretion, shall determine. The board of trustees may likewise indemnify, either by the purchase of insurance or, directly, where funds are available, in whole or in part, any trustee, officer, director, agent, volunteer or employee of said facility or program for actual personal expenses incurred in the defense of any suit, or judgments resulting from said suit, brought against said trustee, officer, director, agent, volunteer or employee for alleged negligent or wrongful conduct committed while under the employment of or while providing service to a community hospital.
(5) Notwithstanding the authority to purchase or provide liability insurance as provided for in subsection (4) of this section, any community hospital, owner or board of trustees shall be subject to and shall be governed by the provisions of Section 11-46-1 et seq., Mississippi Code of 1972, for any cause of action which accrues from and after October 1, 1993, on account of any wrongful or tortious act or omission of any such governmental entity, as defined in Section 11-46-1, Mississippi Code of 1972, or its employees relating to or in connection with any activity or operation of any community hospital.
SOURCES: Codes, 1942, Sec. 3002.3; Laws, 1954, ch. 285, Secs. 1, 2; 1982, ch. 395, Sec. 5; 1983, ch. 468, Sec. 1; 1984, ch. 495, Sec. 36; 1984, 1st Ex Sess, ch. 8, Sec. 1; 1985, ch. 474, Sec. 49; 1985, ch. 511, Sec. 3; 1986, ch. 438, Sec. 20; 1987, ch. 483, Sec. 25; 1988, ch. 442, Sec. 22; 1989, ch. 537, Sec. 21; 1990, ch. 518, Sec. 22; 1991, ch. 618, Sec. 21; 1992, ch. 491 Sec. 22, eff from and after passage (approved May 12, 1992).