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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 certain health care liability |
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claims arising out of the provision of 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 74.001, Civil Practice and Remedies |
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Code, is amended by adding Subdivision (8-a) to read as follows: |
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(8-a) "Freestanding emergency medical care facility" |
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means a facility licensed under Chapter 254, Health and Safety |
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Code. |
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SECTION 2. Section 74.153(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) Except as provided by Subsection (b), in a suit |
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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 a freestanding emergency medical care facility, in |
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an obstetrical unit, or in a surgical suite immediately following |
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the evaluation or treatment of a patient in a hospital emergency |
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department or freestanding emergency medical care facility, the |
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claimant bringing the suit may prove that the treatment or lack of |
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treatment by the physician or health care provider departed from |
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accepted standards of medical care or health care only if the |
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claimant shows by a preponderance of the evidence that the |
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physician or health care provider, with willful and wanton |
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negligence, deviated from the degree of care and skill that is |
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reasonably expected of an ordinarily prudent physician or health |
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care provider in the same or similar circumstances. |
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SECTION 3. This Act takes effect September 1, 2025. |