By: Lucio S.B. No. 134
73R1487 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to mandatory arbitration of claims for personal injury or
1-3 death resulting from medical malpractice.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 7, Civil Practice and Remedies Code, is
1-6 amended by adding Chapter 156 to read as follows:
1-7 CHAPTER 156. MANDATORY ARBITRATION OF MEDICAL MALPRACTICE CLAIMS
1-8 Sec. 156.001. In this chapter:
1-9 (1) "Board" means a board of arbitrators appointed
1-10 under this chapter.
1-11 (2) "Health care provider" means a person who provides
1-12 health care under a license, certificate, or other recognition
1-13 issued to the provider under state law.
1-14 (3) "Medical malpractice claim" means a claim against
1-15 a health care provider alleging that personal injury to or death of
1-16 a patient resulted from one or more negligent acts or omissions in
1-17 the diagnosis, care, or treatment of the patient.
1-18 Sec. 156.002. MANDATORY ARBITRATION. A court shall refer a
1-19 pending action relating to a medical malpractice claim to a board
1-20 of arbitrators for resolution in accordance with this chapter.
1-21 Sec. 156.003. BOARD OF ARBITRATORS. (a) The court shall
1-22 appoint a board of arbitrators for each action in which the court
1-23 must make a referral under Section 156.002.
1-24 (b) A board must be composed of:
2-1 (1) two attorneys;
2-2 (2) two health care providers; and
2-3 (3) three persons who are not lawyers or health care
2-4 providers and who qualify for appointment as an impartial third
2-5 party under Section 154.052.
2-6 (c) To the extent possible, the health care providers
2-7 appointed under Subsection (b) must be experienced in the area of
2-8 practice in which the medical malpractice claim arose.
2-9 Sec. 156.004. ARBITRATION OF DISPUTE. (a) A board shall
2-10 consider evidence presented by the parties and shall render an
2-11 award not later than the 90th day after the date on which the claim
2-12 was referred to the board.
2-13 (b) Not later than the 10th day after the date on which the
2-14 award is rendered, the board shall file the award with the court.
2-15 (c) Not later than the 30th day after the date on which the
2-16 award is filed with the court, each party to the action shall file
2-17 with the court a statement indicating whether the party accepts the
2-18 board's award.
2-19 (d) If all parties accept the award, the court shall enter a
2-20 judgment that incorporates the award.
2-21 (e) If a party does not accept the award, court proceedings
2-22 relating to the claim continue.
2-23 Sec. 156.005. LIMITATION ON EVIDENCE. A board may limit the
2-24 amount of evidence that each party may present during the
2-25 arbitration.
2-26 Sec. 156.006. DISCOVERY. A party to an arbitration under
2-27 this chapter may obtain discovery in accordance with the Texas
3-1 Rules of Civil Procedure. The court in which the action is pending
3-2 shall resolve any dispute relating to discovery in accordance with
3-3 the Texas Rules of Civil Procedure.
3-4 Sec. 156.007. COMPENSATION OF MEMBERS OF BOARD OF
3-5 ARBITRATORS. (a) The court may set a reasonable fee for the
3-6 services of the members of a board appointed under this chapter.
3-7 The court may consider the education, training, and experience of
3-8 an individual member of the board in establishing a fee for that
3-9 member.
3-10 (b) Unless the parties agree to a method of payment, the
3-11 court shall tax the fees for the services of the board as part of
3-12 the costs of the suit.
3-13 Sec. 156.008. CONFIDENTIALITY OF PROCEEDINGS. Section
3-14 154.073 applies to an arbitration conducted under this chapter.
3-15 Sec. 156.009. ATTORNEY'S FEES. The court shall award to a
3-16 party the attorney's fees and costs incurred by that party after
3-17 the date on which the board's award is rendered if:
3-18 (1) that party accepted the board's award but another
3-19 party to the action did not; and
3-20 (2) the judgment entered is not more favorable than
3-21 the board's award to the party that refused to accept the board's
3-22 award.
3-23 SECTION 2. Section 154.021, Civil Practice and Remedies
3-24 Code, is amended by adding Subsection (c) to read as follows:
3-25 (c) A court shall refer a pending action relating to a
3-26 medical malpractice claim, as that term is defined by Section
3-27 156.001, to an arbitration board for resolution in accordance with
4-1 Chapter 156.
4-2 SECTION 3. This Act takes effect September 1, 1993, and
4-3 applies only to an action commenced on or after January 1, 1994.
4-4 An action commenced before January 1, 1994, is governed by the law
4-5 as it existed immediately before the effective date of this Act,
4-6 and that law is continued in effect for that purpose.
4-7 SECTION 4. The importance of this legislation and the
4-8 crowded condition of the calendars in both houses create an
4-9 emergency and an imperative public necessity that the
4-10 constitutional rule requiring bills to be read on three several
4-11 days in each house be suspended, and this rule is hereby suspended.