Bill Text: TX SB2378 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the standard of proof in health care liability claims involving emergency medical care.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-21 - Referred to State Affairs [SB2378 Detail]
Download: Texas-2019-SB2378-Introduced.html
86R8526 SCL-F | ||
By: Hughes | S.B. No. 2378 |
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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 [ |
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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 [ |
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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. |