Re: Sovereign Immunity

The short answer is no. A doctor is not provided with immunity from civil liability based upon the fact that he or she works at a hospital and is the head of a particular department. Historically, the federal and state governments as well as cities and towns were immune from tort liability. The doctrine of sovereign immunity will not typically preclude a lawsuit against a particular doctor for medical malpractice. However each case is fact dependent therefore it is advisable that you consult with an attorney regarding the particular facts of your case. The foregoing is general information only, not specific legal advice. No attorney client relationship has been created or implied.

Re: Sovereign Immunity

Generally no. Would need more information to discuss further.

Re: Sovereign Immunity

NOTE: This communication is not intended to be legal advice. Instead, it is intended solely as a general statement regarding legal principles. You should not rely on or take any action based on this communication without first presenting all relevant details to a competent attorney in your jurisdiction, receiving such attorney's individualized advice for you, and establishing an attorney-client relationship. By reading this "Response" to your question or comment, you agree that the opinion expressed herein and/or the information contained in this response is not intended to, nor does it, create any attorney-client relationship with the law firm of Gonzalez & Associates, P.A. or any of its attorneys, nor does it constitute legal advice to any person or entity reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree with the foregoing, then you are instructed to stop here, and do not read any further.

In answer to your question, generally there is no immunity, but there may be a cap on damages, but I would need additional information before giving you any additional guidance. Feel free to call my office to discuss this matter in greater detail.

Re: Sovereign Immunity

My sympathy for the loss of a loved one. Sovereign immunity provides immunity for state or federal entities. For instance, some state hospitals in Georgia are provided some form of immunity. Sovereign immunity generally applies to claims directly against the government.

Have you already spoken with a lawyer? Where did the alleged negligence occur? What is the nature of the alleged negligence?

While we are a Georgia based firm, we associate with a great firm in Ft. Lauderdale on medical malpractices cases. Please give me a call (404) 877-9181 or email me at wjm@mooreandhawthornelaw.com to discuss further.

Re: Sovereign Immunity

Thank you for the inquiry through lawguru.

Our regrets are offered for your loss.

Generally, in Georgia, immunity applies only to governmental or related institutions, such as cities, counties or the state. Physicians generally are not protected for their acts of carelessness leading to injury or death. Be aware that the statute of limitations on death cases is two year, absent some very limited exceptions to this rule, which may extend the limitation on any actions.

If you wish to call us to discuss this further, you can do so at 678-990-1584. I will be available to speak over the holiday weekend. I believe your location is about 45 miles from Atlanta.