Texas 2025 - 89th Regular

Texas House Bill HB4922 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Muñoz H.B. No. 4922
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the standard of proof in certain health care liability
9	9	claims arising out of the provision of emergency medical care.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 74.001, Civil Practice and Remedies
12	12	Code, is amended by adding Subdivision (8-a) to read as follows:
13	13	(8-a) "Freestanding emergency medical care facility"
14	14	means a facility licensed under Chapter 254, Health and Safety
15	15	Code.
16	16	SECTION 2. Section 74.153(a), Civil Practice and Remedies
17	17	Code, is amended to read as follows:
18	18	(a) Except as provided by Subsection (b), in a suit
19	19	involving a health care liability claim against a physician or
20	20	health care provider for injury to or death of a patient arising out
21	21	of the provision of emergency medical care in a hospital emergency
22	22	department, in a freestanding emergency medical care facility, in
23	23	an obstetrical unit, or in a surgical suite immediately following
24	24	the evaluation or treatment of a patient in a hospital emergency
25	25	department or freestanding emergency medical care facility, the
26	26	claimant bringing the suit may prove that the treatment or lack of
27	27	treatment by the physician or health care provider departed from
28	28	accepted standards of medical care or health care only if the
29	29	claimant shows by a preponderance of the evidence that the
30	30	physician or health care provider, with willful and wanton
31	31	negligence, deviated from the degree of care and skill that is
32	32	reasonably expected of an ordinarily prudent physician or health
33	33	care provider in the same or similar circumstances.
34	34	SECTION 3. This Act takes effect September 1, 2025.