In a significant decision, the Arizona Court of Appeals has ruled Arizona’s COVID immunity statute, A.R.S. § 12-516, as unconstitutional. A.R.S. § 12-516, often referred to as the COVID immunity statute, stipulates that a health care professional or institution cannot be held liable for treatment arising out of illness related to a pandemic, such as COVID-19, unless the claimant provides clear and convincing evidence that the professional or institution carried out either “wilful misconduct or gross negligence.”
According to JD Supra, this landmark ruling by the Arizona Court of Appeals introduces immediate and substantial implications for healthcare providers in Arizona, involved in the treatment and care of patients diagnosed with COVID-19.
Legal professionals, particularly those in corporate healthcare sectors and law firms dealing with medical malpractice suits, should be aware of the potential repercussions this decision may have. Further developments, such as potential appeals to the Arizona Supreme Court and legislature actions to address the court’s ruling’s impact, are expected.
This ruling brings about a major consideration for healthcare professionals and institutions in Arizona, as it opens doors for potential lawsuits arising from COVID-19 treatment and care. The requirements for producing convincing proof of gross negligence or wilful misconduct do place a high burden on claimants, and subsequent cases will clarify the practicality of these provisions.
In summary, this decision means healthcare professionals treating pandemic-related illnesses in Arizona may face heightened risks of potential legal recourse. Legal professionals working in healthcare should be actively tracking this development and consider the implications for their clients and organizations.