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78R3406 DAK-D

By:  Janek                                                        S.B. No. 364



A BILL TO BE ENTITLED

AN ACT

relating to the limits on liability for a health care liability 
claim.      
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 11.02, Medical Liability and Insurance 
Improvement Act of Texas (Article 4590i, Vernon's Texas Civil 
Statutes), is amended by amending Subsection (b) and adding 
Subsections (e) and (f) to read as follows:
	(b)  Subsections [Subsection] (a) and (e) of this section do
[does] not apply to the amount of damages awarded on a health care 
liability claim for the expenses of necessary medical, hospital, 
and custodial care received before judgment or required in the 
future for treatment of the injury.
	(e)  In an action on a health care liability claim where 
final judgment is rendered against a physician or health care 
provider and one or more agents or employees of the physician or 
health care provider, and where the liability of the physician or 
health care provider is based exclusively on a theory of vicarious 
liability for the act or omission of the agents or employees, the 
combined total civil liability of the physician or health care 
provider and the agents or employees shall be limited to an amount 
not to exceed the limit under Subsection (a) of this section, as 
adjusted under Section 11.04 of this subchapter.
	(f)  The limit on liability in Subsections (a) and (e) of 
this section:
		(1)  applies to the final judgment that is rendered 
against a physician or health care provider in relation to an 
occurrence of treatment, lack of treatment, or other departure from 
accepted standards of medical care or health care or safety that 
resulted in injury to or death of a patient, without regard to the 
number of health care liability claims filed in relation to the 
occurrence; and
		(2)  may not be exceeded on the basis that more than one 
health care liability claim is filed in relation to the occurrence.
	SECTION 2.  This Act takes effect September 1, 2003, and 
applies only to a claim filed on or after that date.  A claim filed 
before the effective date of this Act is governed by the law 
applicable to the claim immediately before the effective date of 
this Act, and that law is continued in effect for that purpose.