Code · BILL · 116th Congress · S. 4317 (Introduced in Senate) — To lessen the burdens on interstate commerce by discouraging insubstantial lawsuits relating to COVID–19 while preser... · Sec. 142

Sec. 142. Liability for health care professionals and health care facilities during coronavirus public health emergency

96 words·~1 min read·/bill/116/s/4317/is/section-142

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Notwithstanding any other provision of law, and except as provided in subsection (b), no health care provider shall be liable in a coronavirus-related medical liability action unless the plaintiff can prove by clear and convincing evidence— gross negligence or willful misconduct by the health care provider; and that the alleged harm, damage, breach, or tort resulting in the personal injury was directly caused by the alleged gross negligence or willful misconduct. For purposes of this section, acts, omissions, or decisions resulting from a resource or staffing shortage shall not be considered willful misconduct or gross negligence.