| |
|
|
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. 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 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. |
|
|
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, 2007. |