Bill Status of SB3046 93rd General Assembly
Short Description: CD OF CIV PRO-ITEMIZED VERDICT
Sen. David Luechtefeld - Frank C. Watson - Kirk W. Dillard - John O. Jones and Bill Brady
| 1/11/2005||Senate||Session Sine Die|
Statutes Amended In Order of Appearance
Synopsis As Introduced
Amends the Code of Civil Procedure. Provides that every medical malpractice action must be commenced in the country where the medical care that is the subject of the cause of action took place. Changes the standards to determine if a witness qualifies as an expert witness. Provides that an expert witness shall provide proof of active practice, teaching, or engagement in university-based research and must provide, if retired, proof of continuing education. Provides that an expert who has not actively practiced, taught, or been engaged in university-based research within the 10 years previous to giving testimony may not be qualified as an expert witness. Provides that an affidavit from a reviewing health professional must contain his or her name, address, profession, and professional license number. Provides that, to qualify as a reviewing health professional for purposes of giving an affidavit for a petitioner in a pro se action, the professional must meet the expert witness standards. Provides that a reviewing health professional who provides a frivolous or improper review of a case is liable to the parties for the reasonable costs and attorneys' fees expended in resolving the case. Provides that a review is frivolous if it is substantially lacking in factual support, is based upon a standard of care or practice that lacks substantial use in the relevant specialty or field of practice, or is made for an improper purpose, such as to harass or cause needless increase in the cost of litigation. Amends the Good Samaritan Act. Provides that a licensed physician and a licensed hospital and the hospital's employees, agents, apparent agents, and independent contractors who in good faith provide emergency care or services to a person who is in need of emergency medical treatment and has presented to a hospital for emergency medical care is not liable for civil damages as a result of acts or omissions, except for willful or wanton misconduct in providing the care. Effective July 1, 2004.