By: Muñoz H.B. No. 4922
A BILL TO BE ENTITLED
AN ACT
relating to the standard of proof in certain health care liability
claims arising out of the provision of emergency medical care.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 74.001, Civil Practice and Remedies
Code, is amended by adding Subdivision (8-a) to read as follows:
(8-a) "Freestanding emergency medical care facility"
means a facility licensed under Chapter 254, Health and Safety
Code.
SECTION 2. Section 74.153(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) Except as provided by Subsection (b), 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 a freestanding emergency medical care facility, in
an obstetrical unit, or in a surgical suite immediately following
the evaluation or treatment of a patient in a hospital emergency
department or freestanding emergency medical care facility, 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 willful 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.
SECTION 3. This Act takes effect September 1, 2025.