79R8934 AJA-F

By:  Ellis                                                        S.B. No. 1401



A BILL TO BE ENTITLED

AN ACT

relating to the standard of proof in health care liability claims 
involving emergency care.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 74.153, Civil Practice and Remedies 
Code, is amended to read as follows:
	Sec. 74.153.  STANDARD OF PROOF IN CASES INVOLVING EMERGENCY 
MEDICAL CARE.  (a)  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 in a hospital emergency department or obstetrical unit or in a 
surgical suite immediately following the evaluation or treatment of 
a patient in a hospital emergency department, the claimant 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 claimant shows by a 
preponderance of the evidence that the physician or health care 
provider, with wilful or [and] wanton negligence, deviated from 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.
	(b)  The standard of proof in Subsection (a) does not apply 
to claims against any individual or entity described by Section 
74.151(b) or (e) who is regularly in the business of providing 
emergency medical care.
	SECTION 2.  The change in law made by this Act applies only 
to a cause of action that accrues on or after the effective date of 
this Act.  A cause of action that accrues before the effective date 
of this Act is governed by the law in effect immediately before that 
date, and that law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.