Tuesday, March 13, 2007

S.C. Supreme Court extends immunity to court-appointed examiners in guardianship proceedings

In Vaughn v. McLeod Regional Medical Center, two doctors were appointed by the court in a conservatorship proceeding and determined that he was incapacitated. Suit was later brought against the physicians for making this finding. The Supreme Court affirmed the grant of summary judgment for the physicians. According to the Court:

We find the reasoning that supports a finding of absolute quasi-judicial immunity for court-appointed guardians also supports a finding of absolute quasi-judicial immunity for court-appointed examiners in guardianship proceedings. Court-appointed examiners are essentially an arm of the judiciary.

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