86R8526 SCL-F
 
  By: Hughes S.B. No. 2378
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the standard of proof in health care liability claims
  involving emergency medical 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) Except as provided by Subsection (b), in [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, in an [or] obstetrical unit for the initial evaluation
  or treatment of a patient with an obstetric emergency, 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.
         (b)  Subsection (a) does not apply to medical care or
  treatment:
               (1)  provided when a patient arrives at a health care
  institution:
                     (A)  in stable condition; or
                     (B)  capable of receiving medical care or
  treatment as a nonemergency patient;
               (2)  provided after the patient is:
                     (A)  stabilized; or
                     (B)  capable of receiving medical care or
  treatment as a nonemergency patient;
               (3)  provided in an obstetrical unit if the patient
  arrives at a hospital for medical care or treatment for a
  non-obstetric emergency;
               (4)  that is unrelated to the original medical
  emergency for which the patient initially sought medical care or
  treatment; or
               (5)  that is related to an emergency caused wholly or
  partly by the negligence of any defendant.
         SECTION 2.  Section 74.153, Civil Practice and Remedies
  Code, as amended 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 applicable to the cause of action immediately
  before the effective date of this Act, and that law is continued in
  effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2019.