83R7480 SCL-D
By: Turner of Tarrant H.B. No. 2644
A BILL TO BE ENTITLED
AN ACT
relating to the scope of a health care liability claim.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 74.001(a)(2) and (13), Civil Practice
and Remedies Code, are amended to read as follows:
(2) "Claimant" means a patient [person], including a
deceased patient's [decedent's] estate, seeking or who has sought
recovery of damages in a health care liability claim. In a cause of
action in which a party seeks recovery of damages related to injury
to another person who is a patient, or other harm to the patient,
"claimant" includes both the patient and the party seeking recovery
of damages. [All persons claiming to have sustained damages as the
result of the bodily injury or death of a single person are
considered a single claimant.]
(13) "Health care liability claim" means a cause of
action against a health care provider or physician for treatment,
lack of treatment, or other claimed departure from accepted
standards of medical care, or health care, or safety directly
related to health care, or professional or administrative services
directly related to health care, which proximately results in
injury to or death of a claimant, whether the claimant's claim or
cause of action sounds in tort or contract. The term does not
include claims arising from an injury to or death of a person who is
not a patient, including employment and premises liability claims.
SECTION 2. The amendment to Section 74.001, Civil Practice
and Remedies Code, by this Act is intended to clarify rather than
change existing law.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.