Emergency medical torts-standard of proof.

WORKING DRAFT
2007
STATE OF
WYOMING
07LSO-0601

SENATE FILE
NO.
SF0160

Emergency medical torts-standard of proof.

Sponsored by:
Senator(s) Barrasso
and
Jennings
and Representative(s) Walsh

A BILL

for

AN ACT relating to civil actions; providing that civil actions arising from emergency medical care be proven by clear and convincing evidence as specified; providing definitions; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 1
‑
12
‑
602 is created to read:

1
‑
12
‑
602.

Injury by emergency health care providers; standard of proof.

(a)

In an action involving a claim of liability against a health care provider or facility arising out of the provision of emergency medical care in a hospital emergency department or in a surgical suite immediately following the evaluation or treatment of a patient in a hospital emergency department, no health care provider or facility shall be found liable unless all elements of the claim are proven by clear and convincing evidence.

(b)

For purposes of this section:

(i)

"Emergency medical care" means bona fide emergency services provided after the onset of a medical or traumatic condition manifesting itself by acute symptoms of a sufficient severity, including severe pain, that the absence of immediate medical attention could reasonably be expected to result in placing the patient's health in serious jeopardy, serious impairment to bodily functions, or serious dysfunction of any bodily organ or part. "Emergency medical care" does not include medical care or treatment that occurs after the patient is stabilized or is capable of receiving medical treatment as a nonemergency patient or care that is unrelated to the original medical emergency;

(ii)

"Health care facility" means as defined in W.S. 35
‑
2
‑
901(a)(x);

(iii)

"Health care provider" means as defined in W.S. 35
‑
2
‑
605(a)(viii).

Section 2.

This act is effective July 1, 2007.

(END)

1
SF0160