Texas 2023 - 88th Regular

Texas Senate Bill SB2171

Filed
3/9/23  
Out of Senate Committee
4/18/23  
Voted on by Senate
4/24/23  
Out of House Committee
5/2/23  
Voted on by House
5/4/23  
Governor Action
5/19/23  

Caption

Relating to the qualifications of experts in certain health care liability claims.

Impact

The impact of SB 2171 extends to the Civil Practice and Remedies Code of Texas, specifically Section 74.403, which governs health care liability claims. This legislation intends to address discrepancies in who can act as expert witnesses in these cases, ultimately broadening the scope of qualified experts to include chiropractors. Supporters argue that this will lead to a more equitable legal process for chiropractic malpractice claims. The Committee discussions highlight the bill's intent to simplify the expert testimony requirements for this specialty area of health care, potentially benefiting both practitioners and patients.

Summary

Senate Bill 2171 aims to amend existing Texas laws to alter the qualifications for expert testimony in health care liability claims, particularly emphasizing the role of chiropractors. The bill allows chiropractors, alongside physicians, to provide expert testimony regarding the causal relationships in malpractice cases pertaining to chiropractic care. This change seeks to ensure that appropriate expert opinions can be introduced in court, which is seen as vital for the fair adjudication of such cases.

Sentiment

Overall sentiment towards SB 2171 appears to be largely favorable among those involved in its discussions. Proponents, such as members from the Texas Chiropractic Association and other health care advocacy groups, have expressed strong support, suggesting that the bill enhances the ability of chiropractors to represent their practice legally. The bill passed nearly unanimously through both the Senate and the House, indicating a positive reception among legislators. However, there is a concern among some quarters about the implications of broadening expert qualifications, which suggests that debates around medical malpractice and expert testimony will continue.

Contention

Notable points of contention surrounding SB 2171 include the potential for increased liability for practitioners if the standards for expert testimony are not adequately defined. Critics express caution regarding who is deemed 'qualified' to give testimony and how this could affect malpractice lawsuits against chiropractors. Additionally, questions of whether this legislative change might unintentionally lead to more lawsuits or claims against chiropractors have been raised, reflecting a divergence in opinions on the responsible management of health care liabilities.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

  • Chapter 74. Medical Liability
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

TX HB1791

Identical Relating to the qualifications of experts in certain health care liability claims.

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