HB4922 - Relating to the standard of proof in certain health care liability claims arising out of the provision of emergency medical care.

      By: Muñoz H.B. No. 4922       A BILL TO BE ENTITLED   AN ACT   relating to the standard of proof in certain health care liability   claims arising out of the provision of emergency medical care.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 74.001, Civil Practice and Remedies   Code, is amended by adding Subdivision (8-a) to read as follows:                 (8-a) "Freestanding emergency medical care facility"   means a facility licensed under Chapter 254, Health and Safety   Code.          SECTION 2.  Section 74.153(a), Civil Practice and Remedies   Code, is amended to read as follows:          (a)  Except as provided by Subsection (b), in a 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 a freestanding emergency medical care facility, in   an obstetrical unit, or in a surgical suite immediately following   the evaluation or treatment of a patient in a hospital emergency   department or freestanding emergency medical care facility , 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 willful 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.          SECTION 3.  This Act takes effect September 1, 2025.