What This Statute Says
This is the medical companion to A.R.S. 12-515. It carves out a higher liability bar for health professionals and health care institutions specifically.
A health professional or health care institution that acts in good faith is not liable for damages in any civil action for an injury or death that is alleged to be caused by the health professional's or health care institution's action or omission while providing health care services in support of this state's response to the state of emergency declared by the governor unless it is proven by clear and convincing evidence that the health professional or health care institution failed to act or acted and the failure to act or action was due to that health professional's or health care institution's wilful misconduct or gross negligence.
A.R.S. § 12-516(A)What the Shield Covers
The shield reaches conduct during pandemic response, including:
- Delaying or canceling nonurgent or elective procedures.
- Providing nursing care or procedures under emergency conditions.
- Altering diagnosis or treatment in response to federal, state, or local directives.
- Acts or omissions caused by lack of staffing, equipment, or supplies attributable to the emergency.
A health professional is presumed to have acted in good faith if they reasonably attempted to comply with published federal or state pandemic guidance.
What This Means for Arizona Families
If you lost a loved one to medical care or staffing decisions made during a declared pandemic emergency, this statute will likely shape any civil claim the estate pursues. The clear and convincing evidence standard for gross negligence is a tall hurdle. Many cases that would survive under ordinary medical malpractice standards do not survive under this shield.
An Arizona medical malpractice attorney working with a probate attorney can evaluate whether the conduct rises to the level the statute requires. Where a recovery is possible, it flows into the estate alongside the probate. Our FAQ on probate timelines in Arizona covers how civil recoveries fit into the larger administration.