Tex. Civ. Practice & Remedies Code Section 74.153
Standard of Proof in Cases Involving Emergency Medical Care

(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 an obstetrical unit, or in a surgical suite immediately following the evaluation or treatment of a patient in a hospital emergency department, 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.

(b)

Subsection (a) does not apply to:

(1)

medical care or treatment:

(A)

provided after the patient is:
(i)
stabilized; and
(ii)
receiving medical care or treatment as a nonemergency patient; or

(B)

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.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1364 (H.B. 2362), Sec. 1, eff. September 1, 2019.

Source: Section 74.153 — Standard of Proof in Cases Involving Emergency Medical Care, https://statutes.­capitol.­texas.­gov/Docs/CP/htm/CP.­74.­htm#74.­153 (accessed May 4, 2024).

74.001
Definitions 74.002
Conflict with Other Law and Rules of Civil Procedure 74.003
Sovereign Immunity Not Waived 74.004
Exception from Certain Laws 74.051
Notice 74.052
Authorization Form for Release of Protected Health Information 74.053
Pleadings Not to State Damage Amount 74.101
Theory of Recovery 74.102
Texas Medical Disclosure Panel 74.103
Duties of Disclosure Panel 74.104
Duty of Physician or Health Care Provider 74.105
Manner of Disclosure 74.106
Effect of Disclosure 74.107
Informed Consent for Hysterectomies 74.151
Liability for Emergency Care 74.152
Unlicensed Medical Personnel 74.153
Standard of Proof in Cases Involving Emergency Medical Care 74.154
Jury Instructions in Cases Involving Emergency Medical Care 74.155
Liability of Physicians, Health Care Providers, and First Responders During Pandemic 74.201
Application of Res Ipsa Loquitur 74.251
Statute of Limitations on Health Care Liability Claims 74.301
Limitation on Noneconomic Damages 74.302
Alternative Limitation on Noneconomic Damages 74.303
Limitation on Damages 74.351
Expert Report 74.352
Discovery Procedures 74.353
Preliminary Determination for Expert Report Requirement 74.401
Qualifications of Expert Witness in Suit Against Physician 74.402
Qualifications of Expert Witness in Suit Against Health Care Provider 74.403
Qualifications of Expert Witness on Causation in Health Care Liability Claim 74.451
Arbitration Agreements 74.501
Definitions 74.502
Scope of Subchapter 74.503
Court Order for Periodic Payments 74.504
Release 74.505
Financial Responsibility 74.506
Death of Recipient 74.507
Award of Attorney’s Fees 74.551
Application 74.552
Affirmative Defense in Certain Actions Arising from Certain Pregnancy Complications
Green check means up to date. Up to date

Accessed:
May 4, 2024

§ 74.153’s source at texas​.gov