1. Notwithstanding any other provision of law to the contrary, and except as provided in subsection 2 of this section, no health care provider shall be liable in a COVID-19 medical liability action unless the plaintiff can prove:
- (1) Recklessness or willful misconduct by the health care provider; and
- (2) That the alleged harm, damage, breach, or tort resulting in the personal injury was caused by the alleged recklessness or willful misconduct.
- 2. For purposes of this section, an elective procedure that is delayed with good cause shall not be considered recklessness or willful misconduct.
(L. 2021 S.B. 51 & 42)
Expires 8-28-25; see § 537.1035