Legislature Moves to Protect ER Doctors from Medical Malpractice Suits

The Utah Legislature took a step toward reforming the state’s medical malpractice laws Tuesday by passing a measure making it harder for patients to win claims against emergency room doctors. Currently, plaintiffs must be able to prove malpractice by a “preponderance of evidence,” meaning courts must determine it’s more likely than not that malpractice has occurred. Senate Bill 79, sponsored by Sen. Peter Knudson, R-Brigham City, raises the standard a notch to require “clear and convincing” evidence. Emergency room doctors need extra protection from malpractice lawsuits because federal law requires them to treat anyone who comes in, often without the benefit of knowing patients’ medical histories, said Rep. Roger Barrus, R-Centerville. “These providers are expected to care for everyone, even if they’re not trained in the specifics of a particular case,” said Barrus, the bill’s House sponsor.

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http://www.standard.net/live/news/166627/

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