Carroll v. Community Health Care Clinic, Inc.

Plaintiff filed a medical malpractice complaint against two doctors and a clinic. Defendants filed a motion to dismiss arguing that they were immune from liability. The court granted the motion finding that Defendants were immune under the Good Samaritan Act. Plaintiff appealed, arguing that the Act does not grant immunity to Defendants because they were not volunteers. In support of this argument, Plaintiff submitted a lease agreement between OSF Hospital and the clinic. Under the agreement, OSF would provide employees that it paid to the clinic, and the clinic would pay OSF the amount equal to the employee’s salaries and benefits. Plaintiff alleged that the compensation the doctors received was really compensation from the clinic that was merely routed through OSF. Court properly granted Defendant’s motion to dismiss. The doctors were employees of OSF and not the clinic, as OSF paid their salary, wages, insurance, benefits, and payroll related taxes. The fact the clinic paid OSF an amount equal to the leased employees’ salary and benefits for their services does not change the fact their compensation came from OSF.