Rep. Chris Turner (D-Arlington) has filed legislation seeking to clarify the definition of a “health care liability claim” for purposes of Chapter 74, CPRC. Chapter 74 contains the 2003 medical liability reforms that cap non-economic damages and safeguard physicians and health care providers from baseless malpractice lawsuits.
(1) clarifies that “claimant” means a “patient” (rather than a “person”), including a deceased patient’s estate, and clarifies that a person who brings suit for damages for an injury to another person who is a patient is also a “claimant”;
(2) defines a “health care liability claim” to require the claim to be “directly related to health care” and expressly excludes a claim arising from an injury to a person who is not a patient, including employment and premises liability claims.
The bill also states that it is intended to clarify and not change existing law. As currently drafted, HB 956would apply to pending suits.