The Arizona Supreme Court has ruled that state lawmakers acted illegally when they passed a measure protecting doctors from negligence claims during the COVID-19 outbreak.
In a split decision, the justices voided a 2021 statute that said medical professionals treating COVID-19 related cases could only be sued for gross negligence.
Writing for the majority, Justice James Beene said the state constitution says the right to recover damages from injuries shall never be revoked.
In a dissenting opinion, Justice Clint Bolick wrote the Legislature did not erase that right but modified it in line with the state’s police powers.
The ruling only applies to cases against medical providers during states of emergency. The one put in place due to COVID-19 in March 2020 lasted for about two years.
