By Lindsay S.B. No. 1030
77R7882 DAK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the limits on liability for a health care liability
1-3 claim.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.02, Medical Liability and Insurance
1-6 Improvement Act of Texas (Article 4590i, Vernon's Texas Civil
1-7 Statutes), is amended by amending Subsection (b) and adding
1-8 Subsections (e) and (f) to read as follows:
1-9 (b) Subsections [Subsection] (a) and (e) of this section do
1-10 [does] not apply to the amount of damages awarded on a health care
1-11 liability claim for the expenses of necessary medical, hospital,
1-12 and custodial care received before judgment or required in the
1-13 future for treatment of the injury.
1-14 (e) In an action on a health care liability claim where
1-15 final judgment is rendered against a physician or health care
1-16 provider and one or more agents or employees of the physician or
1-17 health care provider, and where the liability of the physician or
1-18 health care provider is based exclusively on a theory of vicarious
1-19 liability for the act or omission of the agents or employees, the
1-20 combined total civil liability of the physician or health care
1-21 provider and the agents or employees shall be limited to an amount
1-22 not to exceed the limit under Subsection (a) of this section, as
1-23 adjusted under Section 11.04 of this subchapter.
1-24 (f) The limit on liability in Subsections (a) and (e) of
2-1 this section:
2-2 (1) applies to the final judgment that is rendered
2-3 against a physician or health care provider in relation to an
2-4 occurrence of treatment, lack of treatment, or other departure from
2-5 accepted standards of medical care or health care or safety that
2-6 resulted in injury to or death of a patient, without regard to the
2-7 number of health care liability claims filed in relation to the
2-8 occurrence; and
2-9 (2) may not be exceeded on the basis that more than
2-10 one health care liability claim is filed in relation to the
2-11 occurrence.
2-12 SECTION 2. This Act takes effect September 1, 2001, and
2-13 applies only to a claim filed on or after that date. A claim filed
2-14 before the effective date of this Act is governed by the law
2-15 applicable to the claim immediately before the effective date of
2-16 this Act, and that law is continued in effect for that purpose.