Florida legislature providing protection to ASCs for COVID-19 liability claims

The Florida legislature passed a law March 29 to provide legal shields for healthcare providers, including ASCs, against COVID-19 liability claims, the National Law Review reported April 9.

A COVID-19-related claim is a civil liability claim against a healthcare provider arising from issues such as transmission of COVID-19, failure to diagnose, or surgery delay or cancellation.

Florida Gov. Ron DeSantis signed the law out of concern for the effects lawsuits could have on the economy and ability of healthcare providers to focus on serving patients, according to National Law Review. 

The law requires a greater degree of specificity in complaints, and plaintiffs must prove gross negligence or intentional misconduct. Healthcare providers are also provided with affirmative defenses.

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