Honorable Robert Duncan, Chair, Senate Committee on State Affairs
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:
SB1401 by Ellis (Relating to the standard of proof in health care liability claims involving emergency care.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would amend the Civil Practice and Remedies Code to provide that the ordinary standard of care that a claimant must show, by a preponderance of evidence, that a physician or health care provider acted with wilful or 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 does not apply to claims against any individual or entity, described by Section 74.151, who is regularly in the business of providing emergency medical care.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council