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CT HB06393

Bill

Status

Introduced

2/8/2013

Primary Sponsor

Public Health Committee

Click for details

Origin

House of Representatives

2013 General Assembly

AI Summary

  • Increases the burden of proof for medical malpractice claims against health care providers in hospital emergency departments from "preponderance of the evidence" to "clear and convincing evidence," effective October 1, 2013.

  • Maintains the existing "preponderance of the evidence" standard for all other medical malpractice claims against health care providers outside emergency department 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 in light of relevant circumstances.

  • Specifies that "similar health care providers" for non-specialists are those licensed in the same discipline with active involvement in practice or teaching within five years before the incident.

  • Specifies that "similar health care providers" for specialists are those trained and certified in the same specialty, or trained in the specific condition being treated if outside the provider's specialty.

Legislative Description

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

Last Action

Public Hearing 03/15

3/7/2013

Committee Referrals

Public Health2/8/2013

Full Bill Text

No bill text available