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Medical negligence claims against physicians employed at state medical facilities are not considered to arise from their employment, but from their individual duties to their patients so such actions are not subject to governmental immunity. Neither a local public entity nor a public employee acting within the scope of his employment is liable for injury arising from diagnosing or failing to diagnose that a person is afflicted with an illness or addiction; administration, with due care, of the treatment prescribed for an illness or addiction; or failure to admit a person to a medical facility operated or maintained by a local public entity. However, neither a local public entity nor its employees are exonerated for the negligent or wrongful prescription or administration of treatment.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified medical malpractice lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local medical malpractice attorney to discuss your specific legal situation.