537.1010. Health care providers, immunity from liability, exceptions. — 1. Notwithstanding any other provision of law to the contrary, and except as provided in subsection 2 of this section, no health care provider shall be liable in a COVID-19 medical liability action unless the plaintiff can prove:
(1) Recklessness or willful misconduct by the health care provider; and
(2) That the alleged harm, damage, breach, or tort resulting in the personal injury was caused by the alleged recklessness or willful misconduct.
2. For purposes of this section, an elective procedure that is delayed with good cause shall not be considered recklessness or willful misconduct.
---- end of effective 28 Aug 2021 ----
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