FMA Summary of Extended COVID-19 Liability Protections
By Jeff Scott, Esq., FMA General Counsel | Updated April 14, 2022

 

On Feb. 24, 2022, Gov. Ron DeSantis signed FMA priority legislation (SB 7014) providing a one-year extension of liability protection for COVID-19 related healthcare claims. The protections, as outlined in last year’s COVID-19 liability protection bill – and through SB 7014 now extended to claims occurring before June 1, 2023 – provide as follows:

  • Enacts specific provisions for COVID-19 related claims against healthcare providers that arise from:
    • Diagnosis or treatment of, or failure to diagnose or treat, a person for COVID-19
    • Provision of a novel or experimental COVID-19 treatment
    • Transmission of COVID-19
    • Delay or cancellation of a surgery or a delay or cancellation of a medical procedure based on a healthcare provider’s interpretation of government-issued health standards specifically relating the COVID-19 emergency
    • An act or omission with respect to an emergency medical condition that was the result of a lack of resources directly caused by the pandemic
    • The provision of treatment to a patient diagnosed with COVID-19 whose injuries were directly related to an exacerbation of the patient’s preexisting conditions
  • Changes the standard in a COVID-19 claim against a healthcare provider – a plaintiff in such a claim must prove by the greater weight of the evidence that the healthcare provider was grossly negligent or engaged in intentional misconduct.
  • The bill established affirmative defenses for healthcare providers:
    • a) Substantial compliance with government-issued health standards specifically relating to COVID-19 or other relevant standards, including standards relating to the preservation or prioritization of supplies, materials, or equipment;
    • b) Substantial compliance with government-issued health standards specific to infectious diseases in the absence of standards specifically applicable to COVID-19;
    • c) Substantial compliance with government-issued health standards relating to COVID-19 or other relevant standards was not possible due to the widespread shortages of necessary supplies, materials, equipment, or personnel;
    • d) Substantial compliance with any applicable government issued health standards relating to COVID-19 or other relevant standards if the applicable standards were in conflict; or
    • e) Substantial compliance with government-issued health standards relating to COVID-19 or other relevant standards was not possible because there was insufficient time to implement the standards.
  • The bill establishes a shorter statute of limitations.

  • Establishes protections for businesses against COVID-19 related claims, separate from that provided to healthcare providers with different provisions.