(a) Absent wanton, reckless, willful, or intentional misconduct, a health care provider is not liable for any damages, injury, or death alleged to have been caused by an act or omission of the health care provider during the performance or provision of health care services or treatment that resulted from, was negatively affected by, was negatively impacted by a lack of resources caused by, or was done in response to the Coronavirus pandemic or the state‘s response to the pandemic.
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Terms Used In Alabama Code 6-5-794

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
(b) If a court determines that the immunity afforded in this section does not apply to a health care provider, this section may not be construed to supersede, amend, or modify any other law, emergency proclamation, order, rule, or governing legal standards or procedures for health care providers relating to the performance or provision of health care services or treatment provided by the health care provider, including the Alabama Medical Liability Act of 1987 or the Medical Liability Act of 1996, or any amendment to or judicial interpretation thereof.
(c) In those instances where liability is established as required by subsection (a), and the acts or omissions do not result in serious physical injury, a health care provider’s liability shall be limited to actual economic compensatory damages, and in no event shall the health care provider be liable for noneconomic or punitive damages.
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