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CT HB05434

Bill

Status

Introduced

3/6/2012

Primary Sponsor

Public Health Committee

Click for details

Origin

House of Representatives

2012 General Assembly

AI Summary

  • Raises the burden of proof for medical negligence claims against health care providers in hospital emergency departments from "preponderance of the evidence" to "clear and convincing evidence" for incidents occurring on or after October 1, 2012.

  • Maintains the lower "preponderance of the evidence" standard for medical negligence claims against health care providers in non-emergency settings.

  • Defines "prevailing professional standard of care" as the level of care, skill and treatment recognized as acceptable and appropriate by reasonably prudent similar health care providers considering all relevant circumstances.

  • Specifies that "similar health care provider" comparisons depend on whether the defendant provider is a certified specialist, with specialists compared to other specialists in the same specialty and non-specialists compared to those in the same discipline or school of practice.

  • Allows non-specialist health care providers to testify as experts if they possess sufficient training, experience and knowledge in a related field of medicine within the five-year period before the incident.

Legislative Description

An Act Concerning The Professional Standard Of Care For Emergency Medical Care Providers.

Last Action

File Number 483

4/17/2012

Committee Referrals

Public Health3/6/2012

Full Bill Text

No bill text available