By Christian H.B. No. 1424
77R2364 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to medical care liability claims.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. The Medical Liability and Insurance Improvement
1-5 Act of Texas (Article 4590i, Vernon's Texas Civil Statutes) is
1-6 amended by adding Subchapter H to read as follows:
1-7 SUBCHAPTER H. MEDICAL MALPRACTICE REVIEW PANEL
1-8 Sec. 8.01. DEFINITIONS. In this subchapter:
1-9 (1) "Claimant" means a person who files a pleading
1-10 asserting a medical care liability claim.
1-11 (2) "Defendant" means a physician against whom a
1-12 medical care liability claim is asserted. The term includes a
1-13 third-party defendant, cross-defendant, or counterdefendant.
1-14 (3) "Medical care liability claim" means a health care
1-15 liability claim against a physician.
1-16 (4) "Review panel" means a panel formed to hold a
1-17 hearing and review a medical care liability claim under this
1-18 subchapter.
1-19 Sec. 8.02. REVIEW BY PANEL MANDATORY TO AVOID DISMISSAL. A
1-20 court shall dismiss without prejudice a medical care liability
1-21 claim filed with the court that has not been subject to a hearing
1-22 by a review panel in the time provided by Section 8.04 of this Act.
1-23 Sec. 8.03. COMPOSITION OF REVIEW PANEL. (a) The review
1-24 panel consists of one attorney and three health care providers.
2-1 (b) The parties shall select the attorney on the review
2-2 panel. If the parties cannot agree on an attorney, the parties
2-3 shall obtain a list of five attorneys from the clerk of the supreme
2-4 court. The clerk shall prepare the list by randomly selecting the
2-5 names of five attorneys from among all attorneys in the county in
2-6 which the claim is brought. The claimant and the defendant shall
2-7 each strike two names from the list. The attorney who remains
2-8 becomes the attorney on the review panel.
2-9 (c) The parties shall each choose a health care provider to
2-10 become a member of the review panel. The two chosen health care
2-11 providers shall choose the third health care provider to become a
2-12 member of the review panel. If the two health care providers
2-13 cannot agree on a third health care provider, the attorney on the
2-14 review panel shall choose the third health care provider.
2-15 (d) The attorney on the review panel acts as the presiding
2-16 officer.
2-17 Sec. 8.04. HEARING BY REVIEW PANEL. (a) The review panel
2-18 shall hold a hearing to review the facts of the medical care
2-19 liability claim to determine whether the claim asserts a legitimate
2-20 cause of action for medical malpractice.
2-21 (b) The review panel must hold the hearing on or before the
2-22 30th day after the date that the claim is filed.
2-23 (c) The review panel may subpoena witnesses, including
2-24 medical experts, to assist it in making its determination.
2-25 Sec. 8.05. RULING. (a) The review panel shall issue a
2-26 ruling as to whether the medical care liability claim asserts a
2-27 legitimate cause of action for medical malpractice.
3-1 (b) If the review panel does not issue a ruling on or before
3-2 the 30th day before the date the trial begins, the court may not
3-3 admit into evidence any ruling or findings from the hearing held by
3-4 the review panel.
3-5 (c) Any party may proceed to trial without regard to the
3-6 ruling of the review panel or to the failure of the review panel to
3-7 issue a ruling.
3-8 Sec. 8.06. AFFIRMATIVE RULING; SETTLEMENT CONFERENCE. (a) If
3-9 the review panel issues a ruling that the medical care liability
3-10 claim asserts a legitimate cause of action for medical malpractice,
3-11 the parties must attend a settlement conference.
3-12 (b) The settlement conference must be conducted by a judge
3-13 who is not directly involved in the claim.
3-14 (c) The settlement conference must result in a proposed
3-15 settlement amount on or before the 10th day before the date the
3-16 trial begins for Section 8.07 of this Act to apply.
3-17 Sec. 8.07. REJECTION OF SETTLEMENT: LIABILITY FOR COSTS AND
3-18 ATTORNEY'S FEES. (a) A defendant who rejects a proposed settlement
3-19 amount that meets the requirements of Section 8.06 of this Act and
3-20 is found liable for damages in an amount that is greater than the
3-21 settlement amount is liable for claimant's costs and reasonable
3-22 attorney's fees incurred in bringing the claim.
3-23 (b) A claimant who rejects the proposed settlement amount
3-24 and is awarded an amount for damages that is less than the
3-25 settlement amount is liable for defendant's costs and reasonable
3-26 attorney's fees incurred in defending the claim.
3-27 Sec. 8.08. NEGATIVE RULING; LIABILITY FOR COSTS AND
4-1 ATTORNEY'S FEES. If the review panel issues a ruling that the
4-2 medical care liability claim does not assert a legitimate cause of
4-3 action for medical malpractice and the claim is dismissed or does
4-4 not result in a judgment against the defendant, the claimant is
4-5 liable for defendant's costs and reasonable attorney's fees
4-6 incurred in defending the claim.
4-7 Sec. 8.09. FILING FEE. (a) A claimant who files a medical
4-8 care liability claim must pay a fee of $600 on filing.
4-9 (b) The fee is in addition to any other fees that may apply
4-10 under any other law.
4-11 Sec. 8.10. TOLLING OF STATUTE OF LIMITATIONS. The statute of
4-12 limitations under Section 10.01 of this Act is tolled from the date
4-13 the claim is filed until the earlier of:
4-14 (1) the date the review panel holds a hearing under
4-15 Section 8.04 of this Act; or
4-16 (2) the 31st day after the date the claim is filed.
4-17 Sec. 8.11. OTHER PROVISIONS NOT AFFECTED. The requirements
4-18 of this subchapter do not affect any other requirements of this Act
4-19 that may apply to a medical care liability claim, including:
4-20 (1) notice under Subchapter D of this Act;
4-21 (2) review by the Texas Medical Disclosure Panel under
4-22 Subchapter F of this Act;
4-23 (3) procedural provisions under Subchapter M of this
4-24 Act; and
4-25 (4) qualification of expert witnesses under Subchapter
4-26 N of this Act.
4-27 SECTION 2. Section 10.01, Medical Liability and Insurance
5-1 Improvement Act of Texas (Article 4590i, Vernon's Texas Civil
5-2 Statutes), is amended to read as follows:
5-3 Sec. 10.01. Notwithstanding any other law, no health care
5-4 liability claim may be commenced unless the action is filed within
5-5 two years from the occurrence of the breach or tort or from the
5-6 date the medical or health care treatment that is the subject of
5-7 the claim or the hospitalization for which the claim is made is
5-8 completed unless that period is extended by the tolling provision
5-9 of Section 8.10 of this Act; provided that, minors under the age
5-10 of 12 years shall have until their 14th birthday in which to file,
5-11 or have filed on their behalf, the claim. Except as herein
5-12 provided, this subchapter applies to all persons regardless of
5-13 minority or other legal disability.
5-14 SECTION 3. Subchapter A, Chapter 22, Government Code, is
5-15 amended by adding Section 22.017 to read as follows:
5-16 Sec. 22.017. LISTS OF ATTORNEYS FOR REVIEW PANELS. The
5-17 supreme court shall require its clerk to prepare and distribute
5-18 lists of attorneys for review panels of medical care liability
5-19 claims under Section 8.03(b), Medical Liability and Insurance
5-20 Improvement Act of Texas (Article 4590i, Vernon's Texas Civil
5-21 Statutes).
5-22 SECTION 4. This Act takes effect September 1, 2001, and
5-23 applies only to a cause of action that accrues on or after that
5-24 date. An action that accrued before the effective date of this Act
5-25 is governed by the law applicable to the action immediately before
5-26 the effective date of this Act, and that law is continued in effect
5-27 for that purpose.