Document Type

Article

Publication Date

2021

Keywords

Charitable immunity, common law doctrine, negligence, liability

Abstract

This Comment discusses various aspects of the modern hospital and examines charitable immunity’s incompatibility with modern law.

First, Part II explains the historical justifications for immunity and presents the doctrine’s landscape in the United States. Part III examines the role precedent plays in continuing to adhere to the rule of immunity. Part IV takes an in-depth approach of the big business of hospitals by evaluating various financial aspects of charitable hospitals. Part V explores the reality of charitable immunity falling out of touch with concepts of modern law. Part VI takes a more specific look at the application of the law in Arkansas, and Part VII concludes by encouraging the Arkansas Supreme Court to consider the imbalance of justice and generosity imposed by the doctrine.

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