Floor Packet Page No. 297                                                   

	
Amend CSHB 4 as follows:                                                     
	On page 59, line 14, strike SECTION 10.13 and insert a new 
SECTION 10.13 to read as follows:
	SECTION 10.13. Subchapter L, Medical Liability and Insurance 
Improvement Act of Texas (Article 4590i, Vernon's Texas Civil 
Statutes), is amended by adding Section 12.02 to read as follows:
	Sec. 12.02. STANDARD OF PROOF IN CASES INVOLVING EMERGENCY 
MEDICAL CARE. In a suit involving a health care liability claim 
against a physician or health care provider for injury to or death 
of a patient arising out of the provision of emergency medical care, 
the person bringing the suit may prove that the treatment or lack of 
treatment by the physician or health care provider departed from 
accepted standards of medical care or health care only if the person 
shows by clear and convincing evidence that the physician or health 
care provider did not use the degree of care and skill that is 
reasonably expected of an ordinarily prudent physician or health 
care provider in the same or similar circumstances, provided that 
if the person bringing the suit has previously established a 
physician-patient relationship with the physician or health care 
provider or his partner or associate or on-call designated 
representative that proof shall be by a preponderance of the 
evidence.