An Arizona man can proceed with his negligence suit against Mayo Clinic after the state’s top court held that a law immunizing health-care providers for negligently treating Covid-19 was unconstitutional.
The provision violates the Arizona Constitution’s anti-abrogation clause because it abolishes the right of action for negligence that existed at common law, the Arizona Supreme Court said Sept. 12. An action for gross negligence—still allowed by the law—wasn’t a reasonable alternative to a negligence suit, the court said.
Health-care providers were inundated in early 2020 with cases of Covid-19 that they didn’t know how to treat. Recognizing this uncertainty, many ...
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