Health-Care Providers to Face Negligence Suit Over Misdiagnosis

A Minnesota woman can proceed with her medical negligence claim against health-care providers who allegedly misdiagnosed and treated her husband’s medical condition as Covid-19, a state appeals court said.

HealthPartners Inc. and Regions Hospital aren’t entitled to immunity from suit under the federal Public Readiness and Emergency Preparedness Act at this stage, the Minnesota Court of Appeals said Monday. The trial judge incorrectly dismissed the complaint because Jaclyn Roos alleged that her husband’s death was due to the misdiagnosis, rather than the providers’ use of PREP Act-protected Covid-19 countermeasures to treat him, the appeals court said.

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