PUBLIC HEALTH CODE
Act 368 of 1978
333.20965 Immunity from liability.
Sec. 20965.
(1) Unless an act or omission is the result of gross negligence or willful misconduct, the acts or omissions of a medical first responder, emergency medical technician, emergency medical technician specialist, paramedic, medical director of a medical control authority or his or her designee, or, subject to subsection (5), an individual acting as a clinical preceptor of a department-approved education program sponsor while providing services to a patient outside a hospital, in a hospital before transferring patient care to hospital personnel, or in a clinical setting that are consistent with the individual's licensure or additional training required by the medical control authority including, but not limited to, services described in subsection (2), or consistent with an approved procedure for that particular education program do not impose liability in the treatment of a patient on those individuals or any of the following persons:
(a) The authorizing physician or physician's designee.
(b) The medical director and individuals serving on the governing board, advisory body, or committee of the medical control authority and an employee of the medical control authority.
(c) The person providing communications services or lawfully operating or utilizing supportive electronic communications devices.
(d) The life support agency or an officer, member of the staff, or other employee of the life support agency.
(e) The hospital or an officer, member of the staff, nurse, or other employee of the hospital.
(f) The authoritative governmental unit or units.
(g) Emergency personnel from outside the state.
(h) The education program medical director.
(i) The education program instructor-coordinator.
(j) The education program sponsor and education program sponsor advisory committee.
(k) The student of a department-approved education program who is participating in an education program-approved clinical setting.
(l) An instructor or other staff employed by or under contract to a department-approved education program for the purpose of providing training or instruction for the department-approved education program.
(m) The life support agency or an officer, member of the staff, or other employee of the life support agency providing the clinical setting described in subdivision (k).
(n) The hospital or an officer, member of the medical staff, or other employee of the hospital providing the clinical setting described in subdivision (k).
(2) Subsection (1) applies to services consisting of any of the following:
(a) The use of an automated external defibrillator on an individual who is in or is exhibiting symptoms of cardiac distress.
(b) The administration of an opioid antagonist to an individual who is suffering or is exhibiting symptoms of an opioid-related overdose.
(3) Unless an act or omission is the result of gross negligence or willful misconduct, the acts or omissions of any of the persons named below, while participating in the development of protocols under this part, implementation of protocols under this part, or holding a participant in the emergency medical services system accountable for department-approved protocols under this part, does not impose liability in the performance of those functions:
(a) The medical director and individuals serving on the governing board, advisory body, or committees of the medical control authority or employees of the medical control authority.
(b) A participating hospital or freestanding surgical outpatient facility in the medical control authority or an officer, member of the medical staff, or other employee of the hospital or freestanding surgical outpatient facility.
(c) A participating agency in the medical control authority or an officer, member of the medical staff, or other employee of the participating agency.
(d) A nonprofit corporation that performs the functions of a medical control authority.
(4) Subsections (1) and (3) do not limit immunity from liability otherwise provided by law for any of the persons listed in subsections (1) and (3).
(5) The limitation on liability granted to a clinical preceptor under subsection (1) applies only to an act or omission of the clinical preceptor relating directly to a student's clinical training activity or responsibility while the clinical preceptor is physically present with the student during the clinical training activity, and does not apply to an act or omission of the clinical preceptor during that time that indirectly relates or does not relate to the student's clinical training activity or responsibility.
History: Add. 1990, Act 179, Imd. Eff. July 2, 1990 ;-- Am. 1997, Act 78, Imd. Eff. July 22, 1997 ;-- Am. 1999, Act 199, Imd. Eff. Dec. 20, 1999 ;-- Am. 2000, Act 375, Imd. Eff. Jan. 2, 2001 ;-- Am. 2014, Act 312, Imd. Eff. Oct. 14, 2014
Compiler's Notes:
For transfer of powers and duties of department of licensing and regulatory affairs relative to registration, licensing, or regulation of professional occupations arising from part 209 of the public health code, including board, commission, council, or similar entity providing regulation of health professionals under part 209 of article 17 of the public health code to department of health and human services, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
PopularName Notes:
Act 368
Notes of Decisions
Omelenchuk v. City of Warren, 647 N.W.2d 493 (Mich. 2002).
· cites it 15× “[3] In presenting these arguments, counsel cited MCL 333.20965 and 691.1407. Without explaining the precise statutory basis of its ruling, the circuit court granted summary disposition “[o]n the basis of governmental immunity.”
Costa v. Cmty. Emergency Med. Servs., Inc, 716 N.W.2d 236 (Mich. 2006).
· cites it 4× “Rather, it is a contingency requiring an initial finding, among others, that the employee's conduct did not amount to gross negligence.”
Jennings v. Southwood, 521 N.W.2d 230 (Mich. 1994).
· cites it 2× “While it acknowledged the amendment, it concluded that the amendment was not to be given retroactive application: In 1990 PA 179 the Legislature, apparently in response to the Court of Appeals opinion in this case, added subsection (2) to § 20737 (which was also changed to MCL…”
Costa v. Cmty. Emergency Med. Servs., Inc, 689 N.W.2d 712 (Mich. Ct. App. 2004).
· cites it 2× “MCL 333.20965(1). EMSA and the governmental immunity act are read "in pari materia," and gross negligence is defined the same in each, as "conduct so reckless as to demonstrate a substantial lack of concern for whether injury results.”
Mclain v. Lansing Fire Dep't, 869 N.W.2d 645 (Mich. Ct. App. 2015).
· cites it 2× “Here, plaintiff unconvincingly argues that his pleadings and offers of proof created a question of fact regarding whether defendants committed gross negligence or willful misconduct in their medical response to McLain’s health emergency, which abrogates defendants’ immunity from…”
Regester v. Cnty. of Chester, 797 A.2d 898 (Pa. 2002).
· cites it 2× “§§ 31-11-2, 31-11-8; Mich. Comp. Laws Ann. § 333.20965 . [1] In relevant part, the vehicle exception to sovereign immunity contains the exact same language as the vehicle exception to governmental immunity.”
Pavlov v. Cmty. Emergency Med. Serv., Inc, 491 N.W.2d 874 (Mich. Ct. App. 1992).
· cites it 2× “15(9203)(3) (free immunizations); MCL 333.20965; MSA 14.15(20965) (providers of emergency medical services); MCL 338.”
Malcolm v. City of East Detroit, 468 N.W.2d 479 (Mich. 1991).
“9 In 1990 PA 179 the Legislature, apparently in response to the Court of Appeals opinion in this case, added subsection (2) to § 20737 (which was also changed to MCL 333.20965; MSA 14.15[20965]) which provides: (2) Subsection (1) does not limit immunity from liability otherwise…”
Vine v. Cnty. of Ingham, 884 F. Supp. 1153 (W.D. Mich. 1995).
“§ 333.20965. 6 Pursuant to the EMSA, emergency medical personnel are immune from liability for injury they cause to a patient during the rendition of emergency medical services unless the injury-causing act or omission was the result of gross negligence or willful misconduct.”
Baker v. City of Detroit, 217 F. App'x 491 (6th Cir. 2007).
“Although gross negligence would strip Townsend of immunity under Michigan law, Mich. Comp. Laws § 333.20965 (1), the plaintiff has offered no explanation regarding why she dismissed this claim with prejudice in the first place or why the new evidence she relies on relieves her…”
Jennings v. Southwood, 499 N.W.2d 460 (Mich. Ct. App. 1993).
· cites it 2× “15(20737), now see MCL 333.20965; MSA 14.15(20965). Plaintiff did not plead wilful misconduct.”
Abraham v. Jackson, 473 N.W.2d 699 (Mich. Ct. App. 1991).
“15(20737), now MCL 333.20965; MSA 14.15(20965), set forth a statutory exception to individual immunity as defined in Ross and that this case falls within that exception.”
— Mich. Comp. Laws § 333.20965(1) — 16 cases
Omelenchuk v. City of Warren, 647 N.W.2d 493 (Mich. 2002).
“[3] In presenting these arguments, counsel cited MCL 333.20965 and 691.1407. Without explaining the precise statutory basis of its ruling, the circuit court granted summary disposition “[o]n the basis of governmental immunity.”
Costa v. Cmty. Emergency Med. Servs., Inc, 716 N.W.2d 236 (Mich. 2006).
“Rather, it is a contingency requiring an initial finding, among others, that the employee's conduct did not amount to gross negligence.”
Costa v. Cmty. Emergency Med. Servs., Inc, 689 N.W.2d 712 (Mich. Ct. App. 2004).
“MCL 333.20965(1). EMSA and the governmental immunity act are read "in pari materia," and gross negligence is defined the same in each, as "conduct so reckless as to demonstrate a substantial lack of concern for whether injury results.”
Jennings v. Southwood, 521 N.W.2d 230 (Mich. 1994).
“While it acknowledged the amendment, it concluded that the amendment was not to be given retroactive application: In 1990 PA 179 the Legislature, apparently in response to the Court of Appeals opinion in this case, added subsection (2) to § 20737 (which was also changed to MCL…”
Mclain v. Lansing Fire Dep't, 869 N.W.2d 645 (Mich. Ct. App. 2015).
“Here, plaintiff unconvincingly argues that his pleadings and offers of proof created a question of fact regarding whether defendants committed gross negligence or willful misconduct in their medical response to McLain’s health emergency, which abrogates defendants’ immunity from…”
— Mich. Comp. Laws § 333.20965(1)(f) — 2 cases
— Mich. Comp. Laws § 333.20965(4) — 3 cases
Omelenchuk v. City of Warren, 647 N.W.2d 493 (Mich. 2002).
“[3] In presenting these arguments, counsel cited MCL 333.20965 and 691.1407. Without explaining the precise statutory basis of its ruling, the circuit court granted summary disposition “[o]n the basis of governmental immunity.”
— Mich. Comp. Laws § 333.20965(l)(f) — 1 case
Omelenchuk v. City of Warren, 647 N.W.2d 493 (Mich. 2002).
“[3] In presenting these arguments, counsel cited MCL 333.20965 and 691.1407. Without explaining the precise statutory basis of its ruling, the circuit court granted summary disposition “[o]n the basis of governmental immunity.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.