Exemplary Statutory Language for Burden of Proof Requirements
Exemplary Statutory Language for Burden of Proof Requirements
Clear and Convincing Evidence Standard
Arizona Bill SB1032
Unless the elements of proof contained are established by clear and convincing evidence, a health professional who provides or who is consulted to provide emergency services to a patient who is registered with or admitted through the emergency department of a licensed hospital is not liable for any civil or other damages as a result of any act or omission.
Unless the elements of proof are established by clear and convincing evidence regarding the acts or omissions of a licensed hospital or its agents and employees in cases that are covered by subsection A of this section, the hospital is not liable for any civil or other damages as a result of any act or omission.
For the purposes of this section, "Emergency Services" means any of the following:
Services that are required by the Emergency Medical and Labor Act (P.L. 99-272; 100 STAT. 164; 42 United States Code Section 1395DD).
Unscheduled medical services that are deemed necessary to treat an immediate threat to the life or health of a patient.
Medical services that are provided during or as a result of a disaster.
Expansion of Good Samaritan Protection to Emergency Care
Florida Statute
Any hospital licensed under chapter 395, any employee of such hospital working in a clinical area within the facility and providing patient care, and any person licensed to practice medicine who in good faith renders medical care or treatment necessitated by a sudden, unexpected situation or occurrence resulting in a serious medical condition demanding immediate medical attention, for which the patient enters the hospital through its emergency room or trauma center, or necessitated by a public health emergency declared pursuant to s. 381.00315 shall not be held liable for any civil damages as a result of such medical care or treatment unless such damages result from providing, or failing to provide, medical care or treatment under circumstances demonstrating a reckless disregard for the consequences so as to affect the life or health of another.