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A BILL TO BE ENTITLED
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AN ACT
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relating to the standard of proof in health care liability claims |
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involving emergency care. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 74.153, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 74.153. STANDARD OF PROOF IN CASES INVOLVING EMERGENCY |
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MEDICAL CARE. (a) In a suit involving a health care liability |
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claim against a physician or health care provider for injury to or |
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death of a patient arising out of the provision of emergency medical |
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care in a hospital emergency department or obstetrical unit or in a |
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surgical suite immediately following the evaluation or treatment of |
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a patient in a hospital emergency department, the claimant bringing |
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the suit may prove that the treatment or lack of treatment by the |
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physician or health care provider departed from accepted standards |
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of medical care or health care only if the claimant shows by a |
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preponderance of the evidence that the physician or health care |
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provider, with wilful or [and] wanton negligence, deviated from the |
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degree of care and skill that is reasonably expected of an |
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ordinarily prudent physician or health care provider in the same or |
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similar circumstances. |
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(b) The standard of proof in Subsection (a) does not apply |
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to claims against any individual or entity described or covered by |
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Section 74.151(b) or (e) who is regularly in the business of |
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providing emergency medical care. |
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SECTION 2. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law in effect immediately before that |
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date, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |