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House approves emergency-room tort reform, raising evidence standard to 'clear and convincing'
Summary
The Utah House passed HB338 on Feb. 20, 2007, changing the civil-liability standard for emergency-room care so providers are liable only if fault is shown by clear and convincing evidence; supporters said it will help staffing, opponents warned of insufficient data and a sunset was attached in amendment.
The Utah House on Feb. 20 approved House Bill 338, a measure that raises the burden of proof for malpractice claims arising from emergency-room care so that a health-care provider “may be liable for civil damages only if … fault is established by clear and convincing evidence,” sponsor Rep. Brad Last said on the floor.
Supporters framed the change as narrowly tailored to the emergency department, which — under federal law (EMTALA) — must provide stabilizing care to anyone who arrives. Rep. Last told colleagues the unique, federally mandated role of ER providers and staffing shortages justify a higher evidentiary…
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