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Senate backs substitute to narrow malpractice standard for emergency-room on-call physicians after tense floor fight
Summary
After a heated floor debate and a successful motion to reconsider, the Utah Senate adopted a substitute to Senate Bill 79 that narrows a proposed higher burden of proof to emergency-room on-call physicians and adjusts medical-expert-witness procedures; senators said it aims to preserve access to emergency care while raising proof standards in narrow situations.
The Utah Senate on March 4 debated and ultimately adopted a substitute to Senate Bill 79 that narrows a proposed higher burden of proof to physicians called to provide emergency-room care and reforms aspects of medical-expert testimony.
Senator Knudson, sponsoring the original language, argued the initial draft better preserved the bill’s intent but engaged in extended floor debate over whether the second substitute would “destroy the intent of what this legislation is about.” He said the change would focus the higher standard of proof "on the on-call physician" rather than broadly across hospital staff. Senator Knudson also cited concerns that raising the standard…
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