Texas Senate Bill SB2378

Texas 2019 - 86th Regular

Caption

Relating to the standard of proof in health care liability claims involving emergency medical care.

Impact

The impact of SB2378 is significant, as it seeks to change the litigation landscape for health care providers facing liability in emergency medical situations. By increasing the burden of proof on claimants, healthcare providers may find themselves better protected from suits alleging malpractice during emergencies, where rapid decision-making and actions are often necessary. This change is expected to reduce the number of frivolous lawsuits and potentially lower healthcare costs associated with liability insurance for emergency room doctors and hospitals.

Summary

SB2378 aims to amend the Civil Practice and Remedies Code, specifically addressing the standard of proof required in health care liability claims resulting from emergency medical care. Under this bill, a claimant can only prevail in such a suit if they demonstrate that a physician or health care provider acted with wilful and wanton negligence, deviating from standards of care expected under similar circumstances. This alters the existing framework for evaluating claims in emergency situations, thereby establishing a higher threshold for plaintiffs bringing forth these types of lawsuits.

Contention

Notable points of contention surrounding SB2378 include concerns about patient safety and the rights of individuals injured due to negligence. Critics argue that raising the standard of proof could disincentivize accountability among health care providers, making patients more vulnerable to malpractice during emergency situations. Proponents, on the other hand, contend that this measure is essential to protect medical professionals who operate under stress and make split-second decisions, often in life-or-death scenarios. Discussions are likely to continue as stakeholders balance defending medical professionals' rights with maintaining patient safety assurances.