freestanding emergency rooms get the willful and wanton standard

The text as introduced · 267 words

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.