CT HB06622

Raises the burden of proof for medical malpractice claims occurring on or after October 1, 2011 from preponderance of the evidence to clear and convincing evidence that a health care provider breached the prevailing professional standard of care.

Establishes a "reckless disregard" standard for health care providers in emergency departments of acute care hospitals, defining it as conduct that creates an unreasonable risk of injury to life or health that is substantially greater than necessary to constitute negligence.

Modifies Good Samaritan law immunity for voluntarily-rendered emergency medical care by licensed professionals to use the same "reckless disregard" standard instead of the previous "gross, wilful or wanton negligence" standard.

Maintains the definition of "similar health care provider" for expert witness qualifications, requiring either board certification in the same specialty or five years of active practice or teaching experience in the relevant field.

Applies retroactively only to claims arising on or after October 1, 2011, with previous claims governed by the preponderance of the evidence standard.