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A BILL TO BE ENTITLED
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AN ACT
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relating to the standard of proof in health care liability claims |
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involving emergency medical care. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 74.153, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 74.153. STANDARD OF PROOF IN CASES INVOLVING EMERGENCY |
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MEDICAL CARE. (a) Except as provided by Subsection (b), in [In] a |
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suit involving a health care liability claim against a physician or |
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health care provider for injury to or death of a patient arising out |
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of the provision of emergency medical care in a hospital emergency |
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department, in an [or] obstetrical unit for the initial evaluation |
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or treatment of a patient with an obstetric emergency, or in a |
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surgical suite immediately following the evaluation or treatment of |
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a patient in a hospital emergency department, the claimant bringing |
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the suit may prove that the treatment or lack of treatment by the |
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physician or health care provider departed from accepted standards |
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of medical care or health care only if the claimant shows by a |
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preponderance of the evidence that the physician or health care |
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provider, with wilful and wanton negligence, deviated from the |
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degree of care and skill that is reasonably expected of an |
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ordinarily prudent physician or health care provider in the same or |
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similar circumstances. |
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(b) Subsection (a) does not apply to medical care or |
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treatment: |
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(1) provided when a patient arrives at a health care |
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institution: |
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(A) in stable condition; or |
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(B) capable of receiving medical care or |
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treatment as a nonemergency patient; |
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(2) provided after the patient is: |
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(A) stabilized; or |
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(B) capable of receiving medical care or |
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treatment as a nonemergency patient; |
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(3) provided in an obstetrical unit if the patient |
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arrives at a hospital for medical care or treatment for a |
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non-obstetric emergency; |
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(4) that is unrelated to the original medical |
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emergency for which the patient initially sought medical care or |
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treatment; or |
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(5) that is related to an emergency caused wholly or |
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partly by the negligence of any defendant. |
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SECTION 2. Section 74.153, Civil Practice and Remedies |
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Code, as amended by this Act, applies only to a cause of action that |
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accrues on or after the effective date of this Act. A cause of |
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action that accrues before the effective date of this Act is |
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governed by the law applicable to the cause of action immediately |
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before the effective date of this Act, and that law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |