Bill would protect free clinics from being sued for negligence
Published 12:00 am Monday, January 22, 2001
Local physician Dr. Dan Edney, right, and staff pray before opening the doors at First Baptist Church’s health clinic. (The Vicksburg Post/MELANIE DUNCAN)
[01/22/01] Doctors and nurses who donate their time and services at a local church’s clinic said they hope a bill pending in the Legislature will encourage more free clinics across the state.
Senate Bill 2392 and House Bill 822 say people who visit the church clinics and pay nothing for medical services could not sue the clinics for negligence.
An existing statute, passed in part for Good Shepherd Community Center’s medical clinic, already shields the healthcare providers individually.
The bills would not exempt acts of willful misconduct or gross negligence.
Dr. Dan Edney, an internal medicine physician at The Street Clinic and a member of First Baptist Church on Cherry Street, is one of the doctors, nurses, lab technicians, dentists and social workers who offer services at the First Baptist Church health clinic once a month.
Edney said the legislation could encourage other organizations to set up similar clinics in Vicksburg and other parts of the state.
“The biggest issue is to try to improve access to the patients that we are trying to serve,” he said. “It would be great if we had two or three of these in every community.”
For about three years, the church has offered the clinic to citizens without Medicare, Medicaid or private insurance. About 30 to 40 people come through the clinic every month with problems ranging from simple infections to serious back problems.
Although their resources are limited, a small hallway is used as a medical lab and medicine donated by doctors and supply companies is dispensed from a kitchen, the clinic can provide regular medical exams in one of the four exam rooms and offers referrals to more serious cases.
Until a bill can be passed to protect charitable organizations from the liability of providing free medical services, the church will continue to spend $4,000 annually on an insurance policy.
“We need that money to buy medicine and provide for our patients,” Edney said.
Good Shepherd’s board of directors helped push to win approval for the bill, which would protect from civil lawsuits those doctors and nurses who donate their time at free clinics. There was opposition, but that bill made it into law about five years ago.
“We have an opportunity to make good care available to people who can’t afford it,” said Rep. George Flaggs, D-Vicksburg, who sponsored the bill in the House. “Why in the world would anybody want to tie their hands?”
The second bill was filed in the Senate by Sen. Mike Chaney, R-Vicksburg.
“Each of us knows people need good medical care,” Chaney said. “It is one of our great commissions to provide it.”