Bill Text: TX HB956 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the scope of a health care liability claim.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-04-14 - No action taken in committee [HB956 Detail]
Download: Texas-2015-HB956-Introduced.html
84R792 SCL-D | ||
By: Turner of Tarrant | H.B. No. 956 |
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relating to the scope of a health care liability claim. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 74.001(a)(2) and (13), Civil Practice | ||
and Remedies Code, are amended to read as follows: | ||
(2) "Claimant" means a patient [ |
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deceased patient's [ |
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recovery of damages in a health care liability claim. In a cause of | ||
action in which a party seeks recovery of damages related to injury | ||
to another person who is a patient, or other harm to the patient, | ||
"claimant" includes both the patient and the party seeking recovery | ||
of damages. [ |
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(13) "Health care liability claim" means a cause of | ||
action against a health care provider or physician for treatment, | ||
lack of treatment, or other claimed departure from accepted | ||
standards of medical care, or health care, or safety directly | ||
related to health care, or professional or administrative services | ||
directly related to health care, which proximately results in | ||
injury to or death of a claimant, whether the claimant's claim or | ||
cause of action sounds in tort or contract. The term does not | ||
include claims arising from an injury to or death of a person who is | ||
not a patient, including employment and premises liability claims. | ||
SECTION 2. The amendment to Section 74.001, Civil Practice | ||
and Remedies Code, by this Act is intended to clarify rather than | ||
change existing law. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2015. |