Sample Legislation

North Carolina Liability Reform - Emergency Care Provision (enacted in 2011)
Increases the burden of proof required to prevail in emergency care cases.  Plaintiffs must prove negligence through "clear and convincing evidence", not just the "preponderance of the evidence" required in all other liability cases.

Arizona Liability Reform - Emergency Care Provision (enacted in 2009)
Increases the burden of proof required to prevail in emergency care cases.  Plaintiffs must prove negligence through "clear and convincing evidence", not just the "preponderance of the evidence" required in all other liability cases.

Utah Liability Reform - Emergency Care Provision (enacted in 2009)
Raises the standard of proof required to prevail in liability cases involving EMTALA-mandated care.  Plaintiffs must prove negligence through "clear and convincing evidence", not just the "preponderance of the evidence" required in all other liability cases.

South Carolina Liability Reform: Provision on Emergency Care (enacted 2005)
Protects emergency care providers from liability in cases involving true emergencies in the ED, obstetrical or surgical suites, except when therre is proof of gross negligence.

Georgia Liability Reform - Emergency Care Provisions (enacted in 2004)
Protects emergency care providers from liability except when there is clear and convincing evidence that a provider acted with gross negligence. Also requires special jury instructions in such cases.

Florida Liability Reform - Emergency Care Provisions (enacted in 2003)
Provides lower, harder cap on non-economic damages for emergency care providers ($150,000 vs. $500,000 for all others.) Good Samaritan statute protects emergency care providers from liability in cases originating in an emergency department except when the provider acts with reckless disregard of the consequences.

Texas Liability Reform Legislation - Emergency Care Provisions (enacted in 2003)
Protects emergency care providers from liability in providing emergency medical care except when it can be shown by a preponderance of the evidence that the 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. Also requires special jury instructions in such cases.

Oklahoma Liability Reform Legislation-Emergency Care Provisions (enacted in 2003)
Provides a $300,000 cap on non-economic damages in emergency care and obstetrical cases which can be pierced if a judge finds clear and convincing evidence of negligence. Other providers were awarded the same cap in 2004, however even more exceptions are allowed in thos cases.

West Virginia Liability Reform Legislation-Trauma Center Provision (enacted in 2002)
Caps total recoverable damages at $500,000 for claims arising from pre-stabilization care provided to treat an emergency condition at a trauma center.

Other Proposed State Legislation:

2012 Pennsylvania Bill Requiring Clear and Convincing Proof of Gross Negligence in Emergency Care Cases 

2010 New Hampshire Bill Requiring Proof of Willful and Wanton Negligence in Emergency Care Cases 

2010 Tennessee Bill Requiring Proof of Gross Negligence in Emergency Care Cases 

2009 Ohio Bill Requiring Proof of Willful and Wanton Negligence in Emergency Care Cases  

2009 Minnesota bill Requiring Proof of Gross Negligence in Emergency Care Cases  

2009 Hawaii Bill Requiring Proof of Gross Negligence in Emergency Care Cases 

2009 Florida Bill Providing Sovereign Immunity Protection for Emergency Care Providers 

2008 Michigan Bill Requiring Proof of Gross Negligence in Emergency Care Cases 

2006 Washington Bill to Create a Clear and Convincing Evidence Standard for Emergency Care 

2005 Maryland Bill Protecting Providers of EMTALA-Mandated Care Except in Cases of Gross Negligence 

2005 Minnesota Bill Capping Damages on Emergency and Obstetrical Care 

2005 Montana Bill Capping Damages in Trauma Cases Originating in the Emergency Department 

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