Amend Amendment No. 114 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
representativethat proof shall be by a preponderance of the
evidence.