Texas 2009 - 81st Regular

Texas Senate Bill SB152 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R1634 AJA-D
2	2	By: Ellis S.B. No. 152
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the standard of proof in health care liability claims
8	8	involving emergency care.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 74.153, Civil Practice and Remedies
11	11	Code, is amended to read as follows:
12	12	Sec. 74.153. STANDARD OF PROOF IN CASES INVOLVING EMERGENCY
13	13	MEDICAL CARE. (a) In a suit involving a health care liability
14	14	claim against a physician or health care provider for injury to or
15	15	death of a patient arising out of the provision of emergency medical
16	16	care in a hospital emergency department or obstetrical unit or in a
17	17	surgical suite immediately following the evaluation or treatment of
18	18	a patient in a hospital emergency department, the claimant bringing
19	19	the suit may prove that the treatment or lack of treatment by the
20	20	physician or health care provider departed from accepted standards
21	21	of medical care or health care only if the claimant shows by a
22	22	preponderance of the evidence that the physician or health care
23	23	provider, with wilful or [and] wanton negligence, deviated from the
24	24	degree of care and skill that is reasonably expected of an
25	25	ordinarily prudent physician or health care provider in the same or
26	26	similar circumstances.
27	27	(b) The standard of proof in Subsection (a) does not apply
28	28	to claims against any individual or entity described or covered by
29	29	Section 74.151(b) or (e) who is regularly in the business of
30	30	providing emergency medical care.
31	31	SECTION 2. The change in law made by this Act applies only
32	32	to a cause of action that accrues on or after the effective date of
33	33	this Act. A cause of action that accrues before the effective date
34	34	of this Act is governed by the law in effect immediately before that
35	35	date, and that law is continued in effect for that purpose.
36	36	SECTION 3. This Act takes effect September 1, 2009.