Emergency Care Provision

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Alabama None
Alaska None
Arizona Clear and convincing evidence, rather than a preponderance of the evidence, is required to prove negligence in emergency care cases.
Arkansas None
California None
Colorado None
Connecticut None
Delaware None
Florida Physicians providing emergency care are subject to a noneconomic cap of only $150,000 with no exceptions. "Reckless disregard" must be proven in order for physicians to be held liable in cases where they provide EMTALA related emergency care. (amendment to Good Samaritan Act)
Georgia In emergency care cases, no provider shall be held liable unless it is proven by clear and convincing evidence that the physician’s actions showed gross negligence. In those cases, the jury must be instructed to consider such factors as the availability of the patient’s medical history, a previous physician-patient relationship and the nature of the emergency.
Hawaii None
Idaho None
Illinois None
Indiana None
Iowa None
Kansas None
Kentucky None
Louisiana None
Maine None
Maryland None
Massachusetts None
Michigan None
Minnesota None
Mississippi None
Missouri None
Montana None
Nebraska None
Nevada Physicians in trauma centers only: $50,000 damage cap for prestabilization care for patients who enter through the emergency department unless reckless and willful conduct
New Hampshire None
New Jersey None
New Mexico None
New York None
North Carolina Requires proof of negligence through "clear and convincing evidence" in cases involving the treatment of EMTALA-related emergency medical conditions.
North Dakota None
Ohio None
Oklahoma $300,000 cap on non-economic damages for obstetrics services and emergency care. Only lifted if judge finds "clear and convincing" evidence of negligence. $300,000 cap for all other providers only applies if the defendant made an offer to settle and the amount of the verdict is less than 1½ times the amount of the final offer to settle. (special cap repealed upon passage of$350K  cap for all).
Oregon None
Pennsylvania None
Rhode Island None
South Carolina Shields physicians from liability (except in cases of gross negligence) for care provided in an emergency where there is an immediate threat of death or serious bodily injury and the care is rendered in an ED or obstetrical or surgical suite. Similar protection for physicians who provide emergency OB care when there is no relationship or the patient had no prenatal care.
South Dakota None
Tennessee None
Texas In emergency care cases, the claimant bringing the suit may prove that the treatment departed from accepted standards of care only if the claimant shows by a preponderance of the evidence that the physician, with willful and wanton negligence, deviated from the degree of care and skill reasonably expected of prudent physician in the same/similar circumstances. Juries must also be instructed in such cases to consider factors including the availability of medical history, whether a physician-patient relationship existed and the nature of the emergency.
Utah Clear and convincing evidence required to prevail in emergency care cases.
Vermont None
Virginia None
Washington None
West Virginia Trauma Center: Caps all damages for injury or death at $500,000 for cases involving care necessitated by an emergency condition in which the patient enters a designated trauma center for treatment. The limit also applies to health care services rendered by a licensed EMS agency or employee.
Wisconsin None
Wyoming None
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