Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Utah Senate approves higher proof standard for emergency-room malpractice claims
Summary
The Utah Senate passed Senate Bill 79, raising the standard of proof in certain emergency-room malpractice cases to 'clear and convincing' and adding review authority over out-of-state expert witnesses; supporters say it will protect ER coverage, opponents warn it may limit patient remedies.
The Utah Senate on the floor session of March 3, 2009, passed Senate Bill 79, a tort-reform measure that raises the standard of proof for medical malpractice claims tied to emergency care and imposes oversight on out-of-state expert witnesses.
Senator Knudson, the sponsor, said the bill narrows the change to emergency care covered under the federal Emergency Medical Treatment and Active Labor Act (EMTALA). He told the Senate the bill changes the standard for those malpractice claims from a preponderance of the evidence to clear and convincing evidence and would grant temporary licensure authority and disciplinary review for experts who travel into Utah to testify. “It does not make providers…
Already have an account? Log in
Subscribe to keep reading
Unlock the rest of this article — and every article on Citizen Portal.
- Unlimited articles
- AI-powered breakdowns of topics, speakers, decisions, and budgets
- Instant alerts when your location has a new meeting
- Follow topics and more locations
- 1,000 AI Insights / month, plus AI Chat
