SB 1167 Summary

• Changes standard of proof in emergency medical care liability cases from "clear and convincing evidence" to "a preponderance of the evidence" combined with requirement that act or omission was done with "wanton and willful negligence" for both physicians and hospitals.

• Requires 60 days' written notice by certified mail before filing a medical malpractice action, with accompanying medical records authorization form; tolls statute of limitations until 75 days after physician receives notice.

• Establishes medical disclosure committee (9 members: 3 lawyers, 3 MDs, 3 DOs) to identify medical treatments and procedures requiring risk disclosure and determine form and degree of disclosure required.

• Creates presumption that physician complied with disclosure requirements if procedure appears on committee's "no disclosure required" list, and rebuttable presumption of negligence if required disclosure was not made.

• Requires specific written informed consent materials for hysterectomy procedures in English and Spanish, with notice that procedure is permanent and nonreversible, unless emergency prevents obtaining consent.