81R1634 AJA-D
By: Ellis S.B. No. 152
A BILL TO BE ENTITLED
AN ACT
relating to the standard of proof in health care liability claims
involving emergency 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) 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 or obstetrical unit 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 or [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) The standard of proof in Subsection (a) does not apply
to claims against any individual or entity described or covered by
Section 74.151(b) or (e) who is regularly in the business of
providing emergency medical care.
SECTION 2. The change in law made 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 in effect immediately before that
date, and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.