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
- 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.