Posts Tagged ‘emergency room’

The Arizona Senate has introduced legislation that would increase the standard of proof for emergency room medical malpractice lawsuits. Under the proposed law, recovery for emergency room malpractice would require that plaintiffs show “clear and convincing evidence” of malpractice, which is more difficult to prove than the current requirement of a “preponderance of the evidence.” Changing the law in this way would make it more difficult for patients to obtain damages from the doctors, hospitals, and other health care providers that are responsible for their injuries.

The law’s sponsors say that it is intended to persuade doctors, particularly specialists, to work in hospital emergency rooms. Many doctors allegedly are unwilling to work in emergency rooms because they fear malpractice lawsuits from dissatisfied and injured patients. Tuscon attorney and Arizona Trial Lawyers Association lobbyist JoJene Mills objected to the law, saying that it would deprive injured individuals of their civil rights.

Versions of the bill have been voted on in both the Arizona Senate and House of Representatives, where it passed on June 22 and June 26, respectively. A similar law was approved by the legislature in 2006, but was vetoed by then-governor Janet Napolitano, who is currently serving as the U.S. Secretary of Homeland Security. Read more about medical malpractice.