86R8526 SCL-F
By: Moody, Price H.B. No. 2362
A BILL TO BE ENTITLED
AN ACT
relating to the standard of proof in health care liability claims
involving emergency medical 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) Except as provided by Subsection (b), in [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, in an [or] obstetrical unit for the initial evaluation
or treatment of a patient with an obstetric emergency, 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 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) Subsection (a) does not apply to medical care or
treatment:
(1) provided when a patient arrives at a health care
institution:
(A) in stable condition; or
(B) capable of receiving medical care or
treatment as a nonemergency patient;
(2) provided after the patient is:
(A) stabilized; or
(B) capable of receiving medical care or
treatment as a nonemergency patient;
(3) provided in an obstetrical unit if the patient
arrives at a hospital for medical care or treatment for a
non-obstetric emergency;
(4) that is unrelated to the original medical
emergency for which the patient initially sought medical care or
treatment; or
(5) that is related to an emergency caused wholly or
partly by the negligence of any defendant.
SECTION 2. Section 74.153, Civil Practice and Remedies
Code, as amended 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 applicable to the cause of action immediately
before the effective date of this Act, and that law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2019.