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A BILL TO BE ENTITLED
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AN ACT
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relating to the scope of a health care liability claim. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 74.001(a)(2) and (13), Civil Practice |
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and Remedies Code, are amended to read as follows: |
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(2) "Claimant" means a patient [person], including a |
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deceased patient's [decedent's] estate, seeking or who has sought |
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recovery of damages in a health care liability claim. In a cause of |
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action in which a party seeks recovery of damages related to injury |
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to another person who is a patient, or other harm to the patient, |
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"claimant" includes both the patient and the party seeking recovery |
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of damages. [All persons claiming to have sustained damages as the
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result of the bodily injury or death of a single person are
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considered a single claimant.] |
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(13) "Health care liability claim" means a cause of |
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action against a health care provider or physician for treatment, |
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lack of treatment, or other claimed departure from accepted |
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standards of medical care, or health care, or safety directly |
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related to health care, or professional or administrative services |
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directly related to health care, which proximately results in |
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injury to or death of a claimant, whether the claimant's claim or |
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cause of action sounds in tort or contract. The term does not |
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include claims arising from an injury to or death of a person who is |
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not a patient, including employment and premises liability claims. |
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SECTION 2. The amendment to Section 74.001, Civil Practice |
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and Remedies Code, by this Act is intended to clarify rather than |
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change existing law. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |