You volunteer twice a month at a community clinic for low-income mothers. A birth goes wrong, and the hospital settles, but the parents name you specifically in the lawsuit. The hospital’s risk manager calls and says: “You aren’t an employee. Our policy doesn’t cover volunteers.”
Key Takeaways
- Employee vs. Volunteer: Hospital malpractice policies cover employees. They rarely cover volunteers or independent contractors automatically.
- Vicarious Liability: The hospital might be liable for you, but they can also cross-claim against you to recover their losses.
- The “Good Samaritan” Myth: Good Samaritan laws protect you in roadside emergencies. They do not protect you in a hospital setting where you have a scheduled role, even if unpaid.
- Personal Policy Priority: Your own professional liability policy follows you, regardless of where you work or whether you are paid.
The “Why” (The Trap): The Venue Coverage Assumption
Volunteers assume, “I’m helping them, so they will protect me.”
In 2026, hospitals are aggressive about cutting costs. If a volunteer doula creates liability, the hospital’s insurer will look for a way to deny coverage for that volunteer. Unless you have a written contract stating the hospital indemnifies you, you are exposed.
The Investigation: Volunteer Coverage
I compared options for the “Community Doula.”
1. Personal Professional Liability (CM&F/HPSO)
- My Analysis: This is the gold standard. It covers you for “Doula Services” anywhere in the state.
- Cost: Same as a paid doula (
300−300−500). There is rarely a “Volunteer Discount” because the liability risk is the same.
2. The Clinic’s Policy
- My Analysis: Ask to see the “Named Insured” definition. Does it say “Employees and Volunteers”?
- The Risk: Even if it does, the limit is shared. If the doctor uses up the $1M limit, there is nothing left for you.
3. Federal Tort Claims Act (FTCA)
- My Analysis: If you volunteer at a Federally Qualified Health Center (FQHC), you might be covered by the federal government.
- The Catch: The paperwork to be “deemed” a federal employee is complex. Don’t assume it happens automatically.
Comparison Table: Who Pays Your Legal Fees?
| Scenario | Hospital Policy | Your Private Policy | Good Samaritan Law |
| Paid Doula | No | Yes | No |
| Volunteer Doula | Maybe (Check contract) | Yes | No |
| Roadside Emergency | No | Yes | Yes |
[IMAGE: Screenshot of a ‘Volunteer Agreement’ highlighting the Indemnification clause]
Step-by-Step Action Plan
- Get Your Own Policy: Do not rely on the clinic. For $400/year, the peace of mind is non-negotiable.
- Read the Volunteer Contract: Before signing, look for “Indemnification.” It should say: “Hospital agrees to defend and indemnify Volunteer for claims arising within the scope of duties.”
- Define Scope: Ensure the clinic knows exactly what you do. If you do something outside the volunteer description (e.g., offer herbal tea), the clinic’s protection voids.
- Tax Deduction: Since you are paying for insurance to volunteer, that premium might be a tax-deductible charitable expense (consult a CPA).
FAQ Section
Does being unpaid lower my liability?
Legally, no. The “Standard of Care” for a doula is the same whether you charge $2,000 or $0. Negligence is negligence.
Can I just have the client sign a waiver?
Waivers help, but they don’t stop lawsuits for gross negligence. And you can’t waive rights for the baby.
What if the clinic says I can’t have outside insurance?
That is a red flag. They might want to control the defense. Ask why. Usually, having your own secondary coverage is fine.