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Relating to the standard of proof in health care liability claims involving emergency medical care.
No significant fiscal implication to the State is anticipated.
HB 2362 would make some exceptions to the circumstances in which a claimant only needs to meet a "preponderance of the evidence" standard to be successful in a medical malpractice lawsuit related to injury or death of a patient arising out of the provision of emergency medical care in a hospital department, in an obstetrical unit for the initial evaluation 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. Those exceptions would include: (1) medical care or treatment provided after the patient is stabilized and receiving medical care or treatment as a nonemergency patient, or that is unrelated to a medical emergency; or (2) a physician or health care provider whose negligent act or omission proximately causes a stable patient to require emergency medical care.
Texas Action is neutral on HB 2362 as it neither advances nor hinders any of our liberty principles. The exemptions provided by this legislation may result in fewer frivolous claims being filed or being successful. However, we do not have a basis to evaluate whether this speculative benefit would bear out.