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House approves emergency-room liability change after lengthy debate; backers say it will help keep specialists on call
Summary
The House passed the first substitute to House Bill 270 raising the civil standard of proof to clear and convincing evidence in certain emergency-room malpractice cases involving unstabilized patients and transfers, a move supporters said will shore up specialist on-call participation while opponents said it risks reducing victims’ ability to recover; vote 44-28.
Representative Cheryl Allen introduced first substitute House Bill 270 as a targeted change for emergency-room malpractice cases involving unstabilized patients and transfers to specialists. Allen said emergency departments are unique under federal EMTALA obligations and argued raising the standard of proof in jury trials to clear and convincing evidence (from preponderance) addresses a liability disincentive that keeps specialists off call.
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