Health care providers, immunity from liability, exceptions
During COVID-19, a health care provider cannot be sued for harm related to their care unless the patient can prove two things: first, that the provider acted recklessly or did something intentionally wrong, and second, that this reckless or intentional behavior actually caused the harm. Delaying an optional medical procedure for a good reason does not count as reckless or intentional wrongdoing.
537.1010. s, , . — 1. to the contrary, and except as provided in 2 of this section, no health care provider shall be in a unless the can prove:
(1) or by the health care provider; and
(2) That the alleged harm, damage, , or resulting in the personal injury was caused by the alleged recklessness or willful misconduct.
2. For purposes of this section, an that is delayed with shall not be considered recklessness or willful misconduct.
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Source & history notes
(L. 2021 S.B. 51 & 42) Expires 8-28-25; see § 537.1035
Related Missouri laws
COVID-19 exposure, immunity from liability, when
RSMo 537.1005
Covered products, no COVID-19 products liability, when
RSMo 537.1015
Limitation of action
RSMo 537.100
Definitions
RSMo 537.1000
Punitive damages, when
RSMo 537.1020
Expiration date
RSMo 537.1035
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.